We live in Delaware. We had extended my parent's B2 Visa twice in the past. Once in 2016 and it was approved. Second time in 2018, but they went back to India before the decision on extension. For the second extension, we got a letter from USCIS stating, "Since they left the country, USCIS is not approving the extension, However they can travel again"
Again in 2019, they came and left the US in 6 months.
This year, they came last week on Jan 31 2022, but CBP in Philadelphia airport took them for inspection at the port of entry. After a long wait time, CBP came back and told them that they had overstayed and they had canceled their B2 Visa. CBP gave a letter that they can stay for three months and leave the country before April 30.
Though we followed the process defined, we are really not sure why they canceled the visa.
With this situation, Can you please advise what is our option,
1. Can we appeal for visa reinstatement?
2. Can we go back to the country and apply for a B2 Visa again in May ? Or should we wait for some time before applying again?
I think you should bring this up to your congressman's office. Maybe you can even tell them what you heard from me that this is an inappropriate application of 222(g), within the Department of State standard operating procedures that's called FAM (Foreign Affairs Manual) it clearly says if you leave while the application is pending you are not subject to 222(g).
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