QUESTION
Can I withdraw an I539 application after a decision had been made?
Asked on Apr 14th, 2021 on Immigration - Texas
More details to this question:
Dear all, Here is the story: I filed B2 extension last year in March. The USCIS office was soon closed due to the pandemic and I could not do the fingerprint. I left USA before I94 expired to avoid any unlawful presence. Recently I received the decision from USCIS as "denied". The reason is I could not complete the fingerprint process as I left. Is it ok that I write a letter to explain to USCIS and ask for a case withdrawal instead of getting a denied record? As I do not need the extension in the end. Thanks a lot
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Once a decision has been made, writing a letter to USCIS would generally not be effective. If you really wish to pursue it, you could file for a motion to reopen the decision on form I-290B with filing fee of $675. Otherwise, you could just let the decision stand. Since you had already left the US during the pendency of the B-2 extension and assumedly filed for the B-2 extension while you were in status, the USCIS denial should not adversely affect your future travels to the US. 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.
Answered on May 07th, 2021 at 1:59 PM