I-539 extension denied

[demaster]

Hello ,

My dad's I-539 application was denied yesterday due to No show for biometrics. Although he originally attended the biometrics when it was scheduled, there was another request sent by USCIS to appear again for biometrics since they had issues with the fingerprints that were taken. I am trying to understand how many days does he have to leave the country without affecting his future visits. This is his 4th trip and he has never stayed for more than 2 months.

Here's the timeline:

3/4/2022- Enter USA (Visitors visa B1/B2)
7/5/2022- Filed for I-539 extension
8/11/2022- Attended the biometric appointment
9/3/2022- I-94 date expired
9/11/2022- Another biometric appointment scheduled which we missed
1/4/2023- I-539 denied

His flight was already booked for Jan18th, Is it still okay for him to travel on this date considering he is still within 180 days of overstay. Also, I read a post on immihelp which stated that there is a 30 day grace period from the date of denial. Please advice

Thanks in advance

[newacct]

Since his I-94 is already expired and his I-539 was denied and he is still in the US, INA 222(g) is triggered, which means that the B1/B2 visa that he entered the US with is automatically void, and he can only apply for US visas in his country of nationality from now on.

He started accruing "unlawful presence" immediately on the date of denial of the I-539. But he won't have a ban if he leaves with less than 180 days of unlawful presence.

There is a policy to issue Notices to Appear (NTAs) to someone with a denied I-539 or other applications, but they generally won't issue the NTA until 33 days after the denial (which is the window to file a motion to reopen). He can leave within this time and not get an NTA.

[demaster]

Thanks for your reply