B2 visa, i-539 denial after parent already left the US, question about renew expired B2 visa

Thank you for your questions. 1.) Whether your mother will be able to obtain another visa without interview will be up to the consular officer. Your mother would first submit the DS-160 visa application form, and then log into the online application system, create a profile to pay the visa application fee, and upon choosing “Schedule Appointment”, she would answer interview waiver questions to evaluate her eligibility to apply for a visa without the interview. I note that a requirement is that your mother is applying in her country of nationality or residence, one of which is assumedly Vietnam 2.) When you ask whether there is any negative impact on her application, I assume that you are asking whether applying for a waiver of interview will have a negative impact, and I do not see why it should – if the waiver of interview is not granted, your mother will simply go to the scheduled interview. 3.) Technically, your mother is considered an overstay since she was only authorized to remain in the US until September 2020 and the extension application was not approved. That being the case, she can put down an explanation for the question of whether she has “ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of the US visa.” Her situation of overstaying during the pandemic has been fairly common and known to most consular officers. 4.) Generally speaking, Customs and Border Protection officers will assume that your mother was cleared by the State Department for a new visa. In addition, she can bring her documentation with her to explain her past situation of having to remain in the US. Finally, a trip to the US by a B-2 holder who has not been in the US for over two years would not usually raise the antennae of most inspectors, especially if the individual attempted to maintain status during all that previous stay. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.