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RE-entry after Extension

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  • RE-entry after Extension

    My Parents 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!

  • #2
    1. Yes (of course, like every time they seek entry, it will be up to the officer to decide whether to let them in and for how long)
    2. There is no way to check, but their visa was not automatically voided if they left the US while a timely-filed, non-frivolous Extension of Stay application was pending

    This is my personal opinion and is not to be construed as legal advice.

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