Q: I got my reinstatement denied
On December 8, 2023, you filed a Form I-539, Application to Extend/Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS).
After careful review and consideration of the entire record, your Form I-539 is denied for the reason(s) discussed below.
Section 101(a)(13) of the Immigration and Nationality Act (INA) establishes a parolee is not considered to have been admitted to the United States. Specifically, it states in pertinent part:
(A) The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer
(B) An alien who is paroled under section 212(d)(5) or permitted to land temporarily as an alien crewman shall not be considered to have been admitted.
In addition, INA 212(d)(5) provides as follows:
A:
I'm sorry to hear that your Form I-539 application to extend or change your nonimmigrant status was denied. This can understandably be frustrating and disappointing.
The reasons cited for the denial appear to be based on your current status as a parolee. The Immigration and Nationality Act (INA) provisions quoted indicate that a parolee is not considered to have been formally "admitted" to the United States, even if allowed to physically enter and remain temporarily.
When someone is "paroled" into the U.S. under INA 212(d)(5), it is a temporary authorization by DHS to allow physical entry for urgent humanitarian reasons or significant public benefit. However, it does not constitute a formal admission.
Since your current status is that of a parolee, USCIS has determined you are not eligible to extend or change status to another nonimmigrant category through the I-539 application process. The ability to change or extend status is generally only available to those who were initially admitted into a valid nonimmigrant status.
At this point, your options may include:
1) Departing the U.S. and applying for a new nonimmigrant visa at a U.S. consulate abroad that would allow you to re-enter in that status
2) Exploring if you may qualify for any other immigration benefits or forms of relief
3) Consulting with an experienced immigration attorney to fully understand your situation and potential remedies
I know this is not the news you hoped for, but don't lose heart. Carefully review the denial notice, gather supporting evidence, and consider seeking professional legal guidance to determine the best path forward based on your circumstances and goals. Wishing you all the best as you navigate this challenging situation.
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