Hello, my mother entered USA in feb 2020 for 6 months, but because of COVID we filed an extension for another 6 months (aug 2020 to feb 2021) , our case status was updated stating that we will receive a biometric appointment letter however we never received the letter and when we called USCIS they asked us to send a written letter to reschedule an appointment, so we sent a letter.
While the first extension was still pending we filed for 2 more extensions (feb 2021-aug 2021 and aug 2021 to feb 2022) we received a biometric appointment letter for these extension and we completed the biometric.
Now, on sept 15 we received an update on first extension that it has been rejected due to missed biometric appointment.
I am really worried about my mother’s legal status now, according to USCIS
under section 212(a)(9)(B) of the Immigration and Nationality Act (INA), an alien who accrues more than 180 days of unlawful presence in the United States, and then departs, is inadmissible to the United States for a period of either three years or ten years.
We have filed all extensions on timely manner, and we received the rejection notice of first extension on sept 15 2021, so has my mother passed 180 days period or do we count 180 days from sept 15.
Also in how many days can my mother depart USA now(grace period)
The unlawful presence starts day after the application is denied. There is no grace period as such but your mother can leave asap.
You have an option to appeal USCIS within 30 days of denial. You can hire a lawyer and they can submit the MTR along with all supporting documents/communication etc as a proof that you acted in timely fashion.
Thanks for your reply, I still have a question, as you said the unlawful presence starts day after the application is denied but in this case we have filed first extension for a period of aug 2020 to feb 2021, and we have passed the 180 days period and also 240 days period that we get after applying for extension. In our case the decision is made almost after a year.
Thanks for your reply, I still have a question, as you said the unlawful presence starts day after the application is denied but in this case we have filed first extension for a period of aug 2020 to feb 2021, and we have passed the 180 days period and also 240 days period that we get after applying for extension. In our case the decision is made almost after a year.