Understanding the USCIS Extension Denial Letter: What 'Establish Your Admissibility Again' Means

Today another reader asked:

Today I received a letter from USCIS addressed to my parents-in-law, which states: “A review of official records shows that you departed the United States on September 28, 2020. Because you have departed the United States, you will be unable to satisfy the biometric requirement of the Form I-539. Regulations require all applicants on a Form I-539 attend a biometric appointment at their nearest ASC. USCIS is denying your application as a matter of discretion. 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 B-2 nonimmigrant by U.S. Customs and Border Protection.” What does the last sentence mean? Does it mean the visa has not been canceled, and whether they can enter next time still depends on the customs? Is that the meaning?

Several readers have asked this question, so I will explain it here. The sentence does not mean that your visa has been canceled and that you must reapply for a visa next time you come to the United States. Rather, it means that your next entry will still require approval by a border inspection officer—in fact, this applies not only to you and not only to B-2 visas; all individuals entering the United States need approval from a border inspection officer.

A visa is not an entry permit. Many people believe that “as long as you have a valid visa, you can enter the United States,” but this is a misunderstanding. Having a visa only allows you to travel by plane, ship, or car to a U.S. port of entry and apply to a border inspection officer for admission to the United States; without a visa, you do not even have the eligibility to come and apply (the airline will not let you board). Whether you can enter ultimately depends on the decision of the border inspection officer (USCBP).

See the explanation on the U.S. Department of State website:

How Can I Use a Visa to Enter the United States? Having a U.S. visa allows you to travel to a port of entry, airport or land border crossing, and request permission of the Department of Homeland Security (DHS), Customs and Border Protection (CBP) inspector to enter the United States. While having a visa does not guarantee entry to the United States, it does indicate a consular officer at a U.S. Embassy or Consulate abroad has determined you are eligible to seek entry for that specific purpose. DHS/CBP inspectors, guardians of the nation’s borders, are responsible for admission of travelers to the United States, for a specified status and period of time. DHS also has responsibility for immigration matters while you are present in the United States.

For example, you arrive at U.S. customs by plane with a B2 visa and apply for entry. The border inspection officer checks your visa, looks in the system for anything suspicious, questions you about the purpose of your visit and other details. If everything appears fine, the officer decides to allow you entry, stamps your visa, and gives you a six-month period of stay. At that point, your B2 status takes effect—this is your B2 nonimmigrant status.

The sentence in the USCIS denial letter—“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 B-2 nonimmigrant by U.S. Customs and Border Protection”—means exactly this: next time you come to the United States with a B visa, you still need to obtain approval from a USCBP officer and receive B2 status before you can enter. This sentence is boilerplate and applies to all foreign nationals; you can ignore it. It is not just you—all B-2 travelers (regardless of whether they previously applied for an extension or were denied) and travelers with other visas need USCBP officer approval to enter.

[add-series id=511][note]Recent immigration and visa policy changes[/note]