About two years ago, shortly before her I-94 expired, my mother applied for a B-2 extension online. Unfortunately, we did not see the biometrics notice, and she ended up missing her appointment. We tried rescheduling, but her B-2 extension was denied before we were able to get the new appointment. She left the U.S. within one week of the denial notice. The B-2 visa stamp in her passport expires in 2025. What steps does she need to take to return to the U.S. on B-2?

Answer

Unfortunately, this has become a common problem. When filing for an extension online, the biometrics notice generally is sent only electronically through the USCIS online portal; no physical notice is mailed to the applicant. If the applicant misses the appointment and is not able to reschedule, the USCIS eventually will deny the application.

In your mother’s situation, it appears she accrued several days of unlawful presence (i.e., Assuming her I-94 expired before the denial notice was issued, she began to accrue unlawful presence following the denial of the application.) Once she left the U.S., this automatically resulted in her visa “stamp” becoming void, as a matter of law. Therefore, in order to return to the U.S., she likely will need to apply for a new B-2 visa at a U.S. consulate. And, in applying for the new visa, she should disclose the overstay on the DS-160. (12.Jan.2023)

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