I entered the U.S. in B-2 status to visit my daughter. Shortly before my I-94 expired, I applied for an extension, which is still pending. I am now scheduled to leave the U.S. next week, but USCIS just scheduled me for biometrics the week after I leave. Should I reschedule my flight so I can attend the biometrics appointment?

Answer

In most situations, there would be no need to stay in the U.S. just to attend the biometrics appointment. Yes, failing to attend the biometrics will likely result in the I-539 being denied. However, if the I-539 was timely filed, and you then leave the U.S. while the extension is still pending, a denial of the I-539 issued after your departure typically would not carry any immigration consequences. Moreover, even if you attend the biometrics and then leave the U.S., the USCIS may deny the case based on your departure. (i.e., If you are not in the U.S. at the time the I-539 is being adjudicated, the USCIS will realize there is no longer any need to grant the extension request.) (19.Oct.2022)

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