I539 extension denied after leaving country


jonnasn

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My Parents came to US in Sep 2019 and due to peak Covid and their old age considered, we had to extend their stay two times and we filed 539 extension both the times . Received receipts both the times. We didnt receive biomentric appointment .

Now they left US in March 2021 and after they left , we received a denial letter of their extension in April 2021.

 

It has this content towards the end

"Should you seek to re-enter the United States as a B nonimmigrant, you will be required to establish your admissibility again and be granted admission as a B-2 nonimmigrant by U.S. Customs and Border Protection. "

 

They have their 10 year visa till June 2023. 

Now would they allow them to visit US in Jan 2023 and return before June 2023?

Or should we apply visa again and attend interview ?

What are risks and probabilities?

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On 12/1/2022 at 12:06 PM, jonnasn said:

Now they left US in March 2021 and after they left , we received a denial letter of their extension in April 2021.

Can you verify that the denial decision date (not just the date you received the letter) was after they left the US?

On 12/1/2022 at 12:06 PM, jonnasn said:

It has this content towards the end

"Should you seek to re-enter the United States as a B nonimmigrant, you will be required to establish your admissibility again and be granted admission as a B-2 nonimmigrant by U.S. Customs and Border Protection. "

This is normal. Any time someone enters the US, they need to establish their admissibility.

On 12/1/2022 at 12:06 PM, jonnasn said:

They have their 10 year visa till June 2023. 

Now would they allow them to visit US in Jan 2023 and return before June 2023?

Yes. They can enter the US any time up to, and including, the date the visa expires in June 2023. They should normally be admitted for 6 months. So if they enter in January, they should be admitted until some time in July.

On 12/1/2022 at 12:06 PM, jonnasn said:

Or should we apply visa again and attend interview ?

They should only need to apply for a new visa if they plan to enter the US after the expiration date of their current visa.

 

Edited by newacct
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