Tweet
Hi, hope someone can help on my father's rare case.
He entered the US Dec 2015 on B2 tourist visa, with initial I-94 expiring June 2016.
In May 2016, he filed I-539 to extend stay until Dec 2016.
In Aug 2016, his I-539 was denied, with reason saying he has left the US in June 2016 before the application decision was made thus automatically abandoned the visa status. But my father never boarded the plane and has been in the US until now.
We think it was a USCIS mistake, purely just because my father forgot to cancel his return ticket which is in June 2016. Later we checked his flight account, the airline (ua) even recorded mileage for my father. So it looks definitely a custom mistake.
Due to this reason, we filed I-290B a motion to reconsider, and asked for expedite process, as it's a USCIS error thus qualify.
Three months later, we still don't hear anything back, and my father's initial requested extension, e.g. Dec 2016, is approaching. It becomes a dilemma. If we do not get the decision by Dec 2016, can my father leave the US? If we wait, but the decision is made after Dec 2016, would the approval grant further stay period over Dec 2016? If not, even it is approved, my father will still be out of status?
This is a rare case, and I can't find any similar q/a on line, can experts here help?
Thanks,
tobexy
He entered the US Dec 2015 on B2 tourist visa, with initial I-94 expiring June 2016.
In May 2016, he filed I-539 to extend stay until Dec 2016.
In Aug 2016, his I-539 was denied, with reason saying he has left the US in June 2016 before the application decision was made thus automatically abandoned the visa status. But my father never boarded the plane and has been in the US until now.
We think it was a USCIS mistake, purely just because my father forgot to cancel his return ticket which is in June 2016. Later we checked his flight account, the airline (ua) even recorded mileage for my father. So it looks definitely a custom mistake.
Due to this reason, we filed I-290B a motion to reconsider, and asked for expedite process, as it's a USCIS error thus qualify.
Three months later, we still don't hear anything back, and my father's initial requested extension, e.g. Dec 2016, is approaching. It becomes a dilemma. If we do not get the decision by Dec 2016, can my father leave the US? If we wait, but the decision is made after Dec 2016, would the approval grant further stay period over Dec 2016? If not, even it is approved, my father will still be out of status?
This is a rare case, and I can't find any similar q/a on line, can experts here help?
Thanks,
tobexy
Comment