Can You Appeal a Denial to USCIS? Options for B1/B2 Extension Denials
Responding to a reader's question about a possible B1/B2 extension denial, this article outlines three options within 30 days of a USCIS denial notice—appeal, reopen, and reconsider—notes that B1/B2 extensions are not eligible for appeal, and discusses requesting a reopen based on new evidence that pandemic-related travel disruptions prevented return to China, while cautioning that approval is not guaranteed.
A reader asked: Her boyfriend entered the U.S. on a J1 visa in March 2019, which expires in March 2020. She entered on a B2 visa in May of the same year, expiring in November. In October 2019, they filed a B2 extension application requesting an extension until March 23, and completed fingerprinting on November 25. In December 2019, they purchased Delta Air Lines tickets to return to China on March 23, but due to the pandemic, they are currently unable to return. The reader asks: If they receive a denial letter before March 23, what should they do? They want to return but cannot, so must they overstay illegally for a period? If they receive no notice until March 23, what should they do?
How to Handle a Denied Application
Upon receiving a denial letter from USCIS, besides simply accepting it, you may, within 30 days [reference material]:
- Appeal. File an "appeal" with its supervisor or the competent department, requesting to overturn the original decision. B1/B2 extensions are not eligible for appeal.
- Reopen. If you have new evidence and believe that based on this new evidence USCIS should approve your application, you may request the USCIS office that made the original decision to "reopen" the case. The applicant must provide new evidence.
- Reconsider. If you believe USCIS made a mistake (for example, cited the wrong legal provision), you may request the USCIS office that made the original decision to "reconsider" the decision. The applicant does not need to and cannot provide new evidence.
If a B1/B2 extension application is denied, the applicant has no right to appeal. In most cases, they also cannot request reconsideration, and it is difficult to request a reopen. However, this year is special: within a few months, the pandemic broke out in China, many cities were locked down, major global airlines suspended flights to China, and the three largest U.S. airlines have canceled or will cancel all China flights until the end of March and April, leaving many Chinese in the U.S. unable to return on time. For the reader, this is a situation not encountered when applying for the extension months ago. Therefore, if the extension is denied, the current special circumstance of being "unable to leave at all" can be used as new evidence to request a reopen of the application with USCIS.
Of course, this does not mean USCIS will necessarily approve it instead, but at least it is a method worth trying.
Can I Still Apply for an Extension After My I-94 Expires?
[https://gonglue.us/383]
B1/B2 Extension Application Tutorial
[https://gonglue.us/2827]
Disclaimer
The information in this article is for reference only and is not legal advice.
