I-539 Denied after withdrawal

[deborabr 16]

My mother applied for B2 visa extension and then several months later we sent a request to withdrawn her application because we decided to apply for her green card. I sent the withdrawn request via mail and never heard anything back. Early April I went to USCIS website and saw it was showing they sent on March 31 her biometrics appointment. We have moved three times since we applied for her visa extension and had mail forward but we never received that notice so I made sure to go under documents on their website and upload the letter I have previously mailed asking to withdrawn the application. On their website said that was under review for months and now end of August I got a letter saying they denied her case because she abandon her process and did not appear to the biometrics appointment. We never received any notice of the appointment and I contacted them about that back then and despite having all the evidence it cost $675 to appeal their decision. My big question is if we leave as is will that impact her AOS application? She already had I765 and I131 approved we are just waiting for I130 and interview. It is just so hard that we over communicated that we were withdrawing her application and have all the evidence but still they probably did not even look at the documents uploaded to their website and probably did not receive the one we sent by mail and now cost that much to appeal. Also I made sure to always update our address on their website every time we moved. What other options we may have at this point?

Edited September 4, 2021 by deborabr

[HRQX 4,145]

1 hour ago, deborabr said:

My big question is if we leave as is will that impact her AOS application?

The I-539 decision doesn't really matter: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. ^[2] 

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;

• The applicant is not in lawful immigration status on the date he or she files the adjustment application;

• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

• The applicant has ever violated the terms of his or her nonimmigrant status.

Edited September 4, 2021 by HRQX

[deborabr 16]

Thank you so much for this!! I was really worried about it but that ease my mind.