Denied I-539

[mlklexw5337]

My mother in law had initially request an extension from 12AUG2020 to 30NOV2020. The approval for this request did not come through until 21 MAY 2021 (6 months after the initial request date). Expecting that the extension approval would be pushed through February 2021, we applied for another extension in February to cover February 2021-August 2021. Due to emergency circumstances, my mother in law left in late July to go back to Peru. Today I received a notice that her second extension was denied and that she was in an unaccounted for status since 30NOV2020. How is this even possible when we could not even had known what the decision would have been since the approval did not come back until MAY 2021.

Is it possible for her to return to the US in December to visit us again?
Do I have a valid appeal to this?

[HFM1919]

No and no. She has already abused the privileges of a B2 visa holder. She is using it to live (and babysit ) in the US, not the definition of a tourist.

[newacct]

Her first Extension of Stay application was timely-filed, so she did not accrue unlawful presence while it was pending (i.e. until May 2021, whatever the approval date was (not when you received the notice, but the actual date of the approval)). Her second Extension of Stay application was not timely-filed, since the date when it was filed was not during a period when she was in status (nor in a period that the first extension granted status to), so the second extension does not protect against accrual of unlawful presence. So she accrued unlawful presence from May 2021 until July 2021 when she left. She accrued less than 180 days of unlawful presence, so she has no ban.

However, having accrued even a single day of unlawful presence causes the visa that she used to enter the US to be automatically voided under INA 222(g), and it limits her to applying for US visas in her country of nationality from now on. If she wishes to visit the US again, she would have to apply for another visa. As always, it is impossible to predict whether the officer will grant her a visa.

[aujlaranjit49]

She has already abused the privileges of a B2 visa holder vidmatemobdro