I94 extension for H4 denied after missing biometric appointment

Week back (16th April) USCIS sent me a letter which says
“Your i94 extension for h4 is denied because you missed the briometric screening which was on 10th Nov 2019.
And your visa has expired on 31st Dec 2019 so you have to leave US within 33 days. And if you leave after 180 days ,then there might to 3 or 10 yrs ban.”

I didn’t receive any notice or letter from either USCIS or attorney about the biometric screening. I was not aware of it.

H1B and H4 Applied in October 2019.
My husband’s h1B is approved till 31st March 2021.

Attorney has again filed i 539 form to extend my and 2 yr old daughter’s i94 under Nunc Pro Tunc(NPT). But still advised to leave US within 27th June 2020 if it is not adjusted.

I don’t want to take risk and travel with my 2 yr old due to current situation (Covid-2019).
Does USCIS forcefully deport us if we stay post 27th june?
What are my options? Please suggest

USCIS will not forcefully deport you but you may be denied an entry next time you enter.

As your attorney has correctly said, the law has automatic 3 year entry ban if you leave after 180 days. They may or may not apply this ban based on how your case is.

Thank you Anil Gupta for the response.

Is there any chance that USCIS consider my new i539 form to extend i94 under NPT and approve it if I choose to stay?

I know that USCIS will resume biometric appointments only after 4th June.

You can file i539 with NPT option but you do not have much time to wait for its result anyway.

USCIS may or may not approve it.

If they approve, everything will be hunky dory. But, if they deny, you would have already spent more than 180 days in ‘Unlawful presence’.

Some people have got success. You can read here:

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Thank you for the information :pray:

My I 94 expired on june 2019. My h4 extension got denied on jan 2020. We reapplied h4 extension on march 2020. Can I stay since I reapplied again ? Or I have to leave after 180 days ( july 2020)
Can I stay in USA since I have my second h4 petition still pending ?

Please read the above discussion.

@shilpa_shilpa Hi Shilpa, what have you decided? I’m going through the exact same problem, it would be helpful if we can discuss our options here again

Hi my wife got denial notice this week. We have been waiting for the Biometric appointment. We never got but in the letter USCIS mentioned they scheduled appointment in February and we failed to show up.
Please let me know how you all proceeding. Its been 140 days after i-94 expiry

Hi Diyaa, I have the same situation.Can you please advise me

Hi all, I’m in same boat. Missed biometric in Jan, did not receive notice, applied for expedite process- received another mail to schedule biometric in July, received denial in August. I filed motion to reopen, but that got dismissed too. What have you guys done so far?

Hi Arpana, I read your post about motion to reopen a case with USCIS because of missed biometric. When you filed the motion to reopen, did USCIS accept your filing or did they just reject it before even starting to process the filing fee? If they did accept your filing for motion, how long did it take for them to dismiss your case eventually? I am in the same boat as you. I am really appreciated if you could share some of your experience with motion to reopen filing. Thank you so much.

Hi, I am going through the same situation. After reading through, I am thinking of A) motion to reopen using form I-290b and/or B) file a fresh I-539 petition. In my case, days of unlawfull presence are ~100 days, and I am thinking of “nunc-pro-trunc” reinstatement of status. Does anyone has any suggestion or comments on this plan? Any guidance will be greatly appreciated. Thank you very much.