Re-entry after Extension

[bigg01 2]

My Parents are from India and have B1-B2 visa valid till Apr2024. They came to USA in Aug2019, due to COVID I extended their stay by filing I539. We applied for an extension in Feb2020, they completed fingerprinting in Apr2020 but there was no response from USCIS. My parent left for India in Aug2020. I sent a letter to USCIS to withdraw the extension application and I got a response that the action to the application has been terminated.

In the same letter, it is mentioned a warning under section 212(a)(9)(B) that visitors can't re-enter for 3 or 10 years. Not sure, it is related to withdrawal or generic warning.

So my question is -
1. Can my parent come to the USA again in 2022?
2. Is there any way for us to check if their current visa is still valid and there won't be any issue at the port of entry?

Thanks!

[millefleur 5,047]

26 minutes ago, bigg01 said:

In the same letter, it is mentioned a warning under section 212(a)(9)(B) that visitors can't re-enter for 3 or 10 years. Not sure, it is related to withdrawal or generic warning.

Can you show us what the letter says exactly? Just block out personal info.

[JeanneAdil 6,606]

they have  an overstay as the extension was not approved 

they can not return in 2022

 

 1) if a person is unlawfully present in the United States for more than 180 but less than 365 days and leaves the United States, he will be subject to a 3 year bar from the US; and 2) if a person is unlawfully present in the United States for more than one year and leaves the United States, he will be subject to a 10 year bar from the US. The visa of a person who is even one day unlawfully present is automatically invalidated under Section 222(g) of the Immigration and Nationality Act.

[Boiler 45,906]

Did they obtain new visa's?

[Crazy Cat 42,033]

Stayed inside the US for a year on a B2?  Without seeing the letter, I'd guess that their B2 (the one they entered on in 2019) is revoked......and they possibly have a 3 year ban....but we need to see the actual dates and the actual letter.

Edited February 18, 2022 by Crazy Cat

[carmel34 3,650]

50 minutes ago, bigg01 said:

In the same letter, it is mentioned a warning under section 212(a)(9)(B) that visitors can't re-enter for 3 or 10 years. Not sure, it is related to withdrawal or generic warning.

You said they entered in August 2019 and left in August of 2020.  The 3 or 10 year ban depends on:

 

1. date on their I-94 (how long were they admitted to visit the US when they entered in August of 2019)

2. date in August of 2020 when they left the US

 

What were these two dates?

 

They will need to apply for a new B2 visa to visit again after the ban expires.  The current one is no longer valid because they overstayed.

[Allaboutwaiting 2,503]

Even if there was no ban -which there is-, the visa would very likely be revoked when they try to enter again. 

[Crazy Cat 42,033]

1 minute ago, Allaboutwaiting said:

Even if there was no ban -which there is-, the visa would very likely be revoked when they try to enter again. 

Exactly.  B2s are automatically revoked on day 1 of an overstay.

[arken 4,197]

When did the i94 expire? How many months/days after i94 expiry that they left the US?

 

By withdrawing the extension, you made the i159 filing moot which would make all of the stay beyond the i94 expiry very likely unlawful. You should have just let uscis process it even if late. Expect a possible admission denial at POE.

 

My MIL's i539 was similar to yours. She left US around 4 months after initial i94 expiry while i539 was pending. 4 months after she left, uscis approved her extension with new i94 expiry matching her departure date. That made her entire extended stay legal and the existing visa intact.

Edited February 18, 2022 by arken

[bigg01 2]

Please find letter attached for reference. Their stay was less than 1 year and I didn't apply for new tourist visa yet.

 

As per letter, I understand that extension application has been terminated as I requested withdrawal. Original visa is still intact. Is my understand not correct?

What are my options, if I want them visit to USA?

[Crazy Cat 42,033]

4 minutes ago, bigg01 said:

Their stay was less than 1 year and I didn't apply for new tourist visa yet.

What was the expiration date of their I-94 for that visit? When was their actual departure date?  If they overstayed at all, their B2 was revoked.

Edited February 18, 2022 by Crazy Cat

[Boiler 45,906]

When you overstay the B is automatically null and void.

 

Does not sound like you have a ban.

[Allaboutwaiting 2,503]

12 minutes ago, bigg01 said:

Please find letter attached for reference. Their stay was less than 1 year and I didn't apply for new tourist visa yet.

 

As per letter, I understand that extension application has been terminated as I requested withdrawal. Original visa is still intact. Is my understand not correct?

What are my options, if I want them visit to USA?

To know the length of the ban, provide the dates @Crazy Cat just asked about: I-94 date of expiration and date of departure from the US.

 

Again, the visa is very likely revoked. 

Edited February 18, 2022 by Allaboutwaiting

[Timona 4,208]

They can try re-entry. If you have $$ to burn in trying.

 

There was someone 2 days ago whose parent's from Philippines had same situation. 

But I do agree with the rest.

[millefleur 5,047]

8 minutes ago, Allaboutwaiting said:

To know the length of the ban, provide the dates @Crazy Cat just asked about: I-94 date of expiration and date of departure from the US.

Yup, you need the I-94 info and date of departure. You mentioned that their visa expires April 2024, that date is irrelevant to this situation. We need to know how long they stayed on their last visit to see if they incurred the ban by overstaying.

 

It sounds like if they entered in April 2019 and didn't actually leave until April 2020, they very likely overstayed and the visa is revoked. That original April 2024 expiry would no longer be relevant.