i539 I539 denied

[Adelina.cecil 5]

Hi, I have a few questions if anyone can help me out. My mom overstayed her B2 entry last year due to covid and we applied for I539, we never heard from them up until the other day that they denied her extension due to her leaving country before any decision is made, although we gave the proof that we booked her flights many times and they were all canceled. We called USCIS and they really didn't make any sense, basically never gave us any real answer. 

 Now we are planning on contacting the US embassy where she lives. 

 My question is, is she going to have issues getting new B2 visa in the future? Thats our plan to do since anyways her passport is expiring soon, we have a letter of  denial since that's the only document seen on USCIS account. 

Thank you 

[Crazy Cat 41,851]

Unless she left the US before her original B2 expired, I would certainly expect some heavy scrutiny when applying for another B2.  Good luck.  

 

Edited April 21, 2021 by Lucky Cat

[aaron2020 11,651]

Your mom abandoned her extension request by leaving the US.

When she applies for her new B2, she will need to explain why she overstayed and bring proof of her attempts to return home.   This will be the only opportunity to explain what happened. 

Contacting the US Embassy will not help.  They will tell you they can't answer your questions.  Your mother needs to file for a B2 and present her case at her interview.

Edited April 21, 2021 by aaron2020

[Adelina.cecil 5]

27 minutes ago, Lucky Cat said:

Unless she left the US before her original B2 expired, I would certainly expect some heavy scrutiny when applying for another B2.  Good luck.  

 

This happened last year during the pandemic, we have proof of us trying to book flights and being canceled due to her country shutting down, the time between her return date and us applying for extension was 5 days. Everywhere I read it says if person overstays more than 180 days than luckily didn't happened because by the time she left she was in the process of I539. 

[Crazy Cat 41,851]

2 minutes ago, Adelina.cecil said:

This happened last year during the pandemic, we have proof of us trying to book flights and being canceled due to her country shutting down, the time between her return date and us applying for extension was 5 days. Everywhere I read it says if person overstays more than 180 days than luckily didn't happened because by the time she left she was in the process of I539. 

The 180 day overstay would result in a ban.........but any overstay generally draw a lot of attention when the person applies again.  You certainly have some facts which might help.

Edited April 21, 2021 by Lucky Cat

[Adelina.cecil 5]

6 minutes ago, Lucky Cat said:

The 180 day overstay would result in a ban.........but any overstay generally draw a lot of attention when the person applies again.  You certainly have some facts which might help.

We got like 5 tickets canceled, I even have proof that I contacted embassy in Chicago and them telling me there is nothing they can do to secure her flight back home, we will give it a shot and see what happens, im just worried they will not grant her another visa 

[aaron2020 11,651]

3 minutes ago, Adelina.cecil said:

We got like 5 tickets canceled, I even have proof that I contacted embassy in Chicago and them telling me there is nothing they can do to secure her flight back home, we will give it a shot and see what happens, im just worried they will not grant her another visa 

These are extremely good facts that would favor a new B2 being granted.  Make sure she has all that paperwork with her when she goes to her B2 interview.

[Boiler 45,510]

When is hse looking to visit again.

[Adelina.cecil 5]

3 minutes ago, Boiler said:

When is hse looking to visit again.

Probably this winter around November