Status of B2 visitor visas that were denied due to missing biometrics during peak Covid time (2020-2021)

[Prasadh]

There are innumerable and differing explanations online and hence I am asking this here. My mom and brother visited me in Feb 2020 and were granted full six months stay until end of Aug. Because of the Covid outbreak and flights getting cancelled at random, I applied for I-539 extensions separately for both of them online requesting extension until end of Feb 2021. The letter for biometrics never arrived until June 2021. Both mom and brother left on Feb 5 as more flights became available and we managed to get a flight from ATL-Chicago-Chennai (No international flights were operating out of the ATL airport during that time). I received two letters from USCIS end of 2021 wherein they had approved my mom's visa extension until Feb 5 (the day they left US) while my brother's was denied. My brother had travelled earlier to the US in 2018 and stayed only for a month even though he was granted full 6 months stay even then. He also has prior travel history to Australia and Europe and had stayed only for the period granted and not violated any other conditions. My question is - What are the consequences of the denial? How do we know if the visa was still valid? I am extremely skeptical to risk the chance of having them visit me again unless I know for sure the visa is at least valid (stamped until Sep 2028 on passport) and that my brother has to only prove admissibility under B2 upon entry. I am getting very anxious and stressed to not have clarity on the above. Please advise.

[newacct]

The visa is still valid. The visa was not voided by INA 222(g) because he left while a timely-filed, non-frivolous Extension of Stay application was pending. See 9 FAM 302.1-9(B)(1).c(4)(b):

Quote

In addition, if an applicant departs after the date on the Form I-94 passes, but before their application for extension or change of status has been decided by USCIS, they must be subject to a blanket exemption from INA 222(g), if the application was filed in a "timely manner" and is "nonfrivolous" in nature.