I-539 denied and asked to establish your admissibility

[yogibali]

Hello all,

My mom entered US on Feb 9, 2020 on B2 visa and was given I-94 until Aug 10, 2020. But due to covid travel restrictions, she was not able to go back within I-94 deadline. I applied for I-94 extension using I-539 in Jun 2020. She got her finger printing appointment in Aug 2021 and got the finger printing done. But due to some technical issues, they sent another appointment letter on Nov 10,2021. But she had left on Oct 29, 2021. As she was not available in the country for finger printing, they denied the I-539 stating "Should you seek to re-enter the United States as a B nonimmigrant, you will be required to establish your admissibility again and be granted admission as a B2 nonimmigrant by U.S. Customs and Border Protection.".

I read other related questions in the forum where response was it is possible to come back again on B2 as their B2 is not cancelled. In my case, my mom stayed in US from Feb 2020 to Oct 2021, that is close to 20 months, 14 months more than her original I-94.

My question is, can she come back on B2 again after 6 months (that means now)? Was anybody here who stayed more than 1 year over their original I-94 and came back on B2 again after 6 months of going back to home country ?

Thanx

[newacct]

There is no rule that she cannot use that B2 visa to enter. Of course, as always, whether to admit her is up to the immigration officer at entry.

The thing that is most relevant here is INA 222(g), where if someone stays past their I-94 date without a pending Extension of Stay or Change of Status, the visa they used to enter is automatically voided, and they can only apply for US visas from their country of nationality from now on. However, INA 222(g) is not triggered if they left while a timely-filed, non-frivolous EOS/COS was pending. See 9 FAM 302.1-9(B)(1).c(4)(b):

In addition, if an applicant departs after the date on the Form I-94 passes, but before their application for extension or change of status has been decided by USCIS, they must be subject to a blanket exemption from INA 222(g), if the application was filed in a "timely manner" and is "nonfrivolous" in nature.

[jonnasn]

yogibali Just want to know what happend to your mother travel situation? was she able to travel? did she go for stamping?

[Anthony8547]

Same issue here and i cant find any solutions.

[jonnasn]

An update to others who are on same boat....my parents were able to travel to US with no issues.

[adelebrown68]

it will send you a denial notice explaining why. It can be disheartening to go through months of processing for a change or extension of your nonimmigrant status only to have your case denied.

[priyavjk06]

jonnasn, after how many months did your parents travel back to the US ? My mom stayed a total of 9 months. Can she travel back with 6 months of stay in home country ?