B Visa FAQs

Left while Extension pending. B-1/B-2 visa inspection at the airport by the CBP and repercussions

Authored on: Fri, 02/25/2022 - 01:27

Question

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?

 

Answer

Video URL

Reentering the U.S. on Visitor Visa

Authored on: Mon, 10/25/2021 - 05:26

Question

My parents have been here on visitor's visas since the beginning of August. If they are here for the entire six months, can they come back again within six months of leaving the U.S.?

Answer

Video URL

Covid Coronavirus Converting to B-1 B-2 status

Authored on: Tue, 06/09/2020 - 06:32

Question

My employer has applied for my H1 B extinction and got an RFE ,based on RFE responded but I got denial USCIS site 03-20-2020. But my employer still did not received denial notice. How many days I can stay in the USA after denial. (my I-94 has expired Jan-25-2020)

Answer

 

Watch the Video on this FAQ:
Covid Coronavirus Converting to B-1 B-2 status and 
Covid Coronavirus H-1B denial

Video Transcript


A lot of you who have been laid off can use this information to maintain status. Lets say you got laid off in your H-1B. The way the 60 day grace period works is, you are given either the time remaining on your I-94 or 60 days whichever is less. So if you have only 45 days on your I-94 you have got a 45 day period not a 60 day period. 

As long as you file a B-1/B-2 application with the government within those 60 days or 45 days depending upon your situation I think you are going to be quite OK. But here is what you need to understand. When you file B-1/B-2 you will use the form I-539. You will prepare a cover letter to the government telling them the truth that you have been laid off unexpectedly in the times of coronavirus. You cannot travel outside the USA, finding another job is getting difficult, you have enough money to support yourself, you will not work illegally and you are asking for a six month stay on a B-1/B-2 status and that as soon as you are back on H-1B you will not start working until the H-1B is approved. So make these points with the government.

You can file the application online. While this application is pending you are not accruing unlawful presence. You are in an authorized period of stay. But here is one big point to remember. If you ask for six months your application is probably not going to be decided till about nine months. The last three months you would be accruing unlawful presence. So what you need to do is before the requested six month period is over if you have not found a job, apply for another extension even though the first one is still pending. Keep applying for further extensions until you need them no more.

But B-1/B-2 is a great way to maintain your status. Nobody can travel during this time, so obviously you have something pending with the government even if you are out of status. These are extraordinary circumstances the government should forgive you for being out of status and at some point either at the point of the fist B-1/B-2 or at the point of the second B-1/B-2 approve your B-1/B-2 therefore take away all your unlawful presence issues and if they don't that’s what the good lord made the courts for. Apply for a B-1/B-2. It is a very important way to do things.

FAQ in detail...

 

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

University of Farmington, Michigan issues

Authored on: Wed, 02/27/2019 - 04:07

Question

Recently, there was an ICE raid on students enrolled in University of Farmington, Michigan. I was temporarily enrolled for a year and half there (Feb 2017 - Nov 2018). I left USA on my own volition in May of 2018. The univ eventually terminated my SEVIS for non-payment in Nov 2018. I'm looking to apply for a tourist visa to USA. What potential issues might arise?

Answer

Listen to the Audio on this FAQ: University of Farmington, Michigan issues

Audio Transcript

Tourist visas itself is a visa that can be denied on so many grounds. It is difficult to predict. You can try. Just make sure you don't make any misrepresentations or active concealments of facts because that can lead to a permanent bar from entering the USA. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form

Is there any law to provide legal stay to the parent of US citizen child with disability?

Authored on: Thu, 05/24/2018 - 03:54

Question

My spouse and I are staying in the USA since last 10 years on work visa H-1B. We have our second daughter born in 2016 who is facing neurological disability which requires long term care and constant therapies. The current scenario is my husband's H-1B has denied and couldn't get back to the USA. I am here in the USA with my both kids on B2 Visa. My both kids are US Citizens. Is there any legislation which can provide legal stay to the parent of a child with disability in the USA?

Answer

Video URL

 

Immigration Consequences of a Denial of Entry at the Airport

Authored on: Mon, 10/23/2017 - 08:44

Question

I had been travelling to the US on a tourist visa for all my life, in 2008 I had to travel out of the country and when I returned to the US, in the Minneapolis checkpoint they found a pay stub from my work which I obviously shouldn't have had since I didn't have a work permit, they took away my tourist visa and made me sign what looked like a "voluntary departure" or "refusal of entry" I really can't remember exactly the term that I signed and was returned to MX the next day. <br>

My questions are:<br>
1. Is there a website where I can see if I was penalized? <br>
2. Will I be able to solicit another tourist visa? <br>
3. If the answer to the above question is yes, given the political climate, do you think it is a good idea to go through the whole process again or would it just be a waste of money?<br>
4. My father has become a US citizen, I'm unmarried, can he request citizenship for me or residency? approximately how long is the process?

Answer

Watch the Video on this FAQ: Immigration consequences of a denial of entry at the airport

Video Transcript:

1. You can file a Freedom of Information Act (FOIA) request with Department of Homeland Security (DHS) or U.S. Customs and Border Protection (CBP) and or USCIS and see what information they have on you and within a few months they should be able to give you a copy of your document everything that they have on you and this doesn't cost you anything.

2. Do remember tourist visa is not a guarantee. The consular officer could refuse you a tourist visa for many reasons, so even if the fact that you worked without authorization on a previous time is long gone the prior bad history could be used to deny you another tourist visa.

3. As long as you don't lie about anything, by all means, you can try.

4. You have to go through green card and it takes many, many years. So if you go to the visa bulletin there is a category for unmarried children of US citizens and it takes several years. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Applying for green card while visiting the USA

Authored on: Wed, 11/25/2015 - 07:27

Question

I am contemplating marriage to a GC holder and I have a question regarding I-130 and AOS. My prospective spouse got GC in Jan 2015. I currently hold a valid visitors visa to USA and I have visited USA many times on this visa.Is it possible to get married, enter USA on the existing visitors visa and then immediately apply for I-130 and Adjustment of Status. What are the risks/implications with this approach. What is the best procedure in these circumstances?

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=2303

FAQ Transcript:

It will be wrong if you entered USA for a visit visa and had a preconceived intention of getting married. I think that would be considered as a fraud by the government. On the other hand, you entered USA wanting to visit and fell head over heels in love with somebody, I think in a case like this we can definitely go and do a green card if you can demonstrate that you had no preconceived intention then I think you are ok. 

My advice to people is don’t get married till you apply for a K-1 (fiancé visa) which would be a smart thing to do in a situation like this. It takes a few months or maybe more than a year.

Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa

Authored on: Wed, 03/11/2015 - 07:39

Question

I am US citizen and planning to sponsor green card for my sibling. My sibling has already visited US in B-1/B-2 visa few times and holds that visa for another few years.
I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -<br>

1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application?<br>
2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=baprYGs8IzQ&t=782

FAQ Transcription

There really is no statute law that specifically prohibits such an entry. Well maybe there is something that says you must have nonimmigrant intent but the question is can they do it. Theoretically  yes they can enter on a b visa while the green card is pending especially when something is pending for 13-14 years they maybe allowed an entry but they can be disallowed an entry at any point of time. So there is no guarantee that the B-1/B-2 option either the renewal of the visa or entry at the airport will be permitted on a indefinite basis. You could be stopped any time.  However H visa, L visa, E visa and O visa are some of the visas that are not subject to the problem of green card pendency. These visas can be utilized. Also remember a green card can be filed through several different categories at the same time. So if your sibling qualifies for other categories they can apply under all the categories available for them. So H-1 visa is no problem b but B-1/B-2 no guarantee.

No Requirement of Possessing Fund for Visitor's Visa

Authored on: Mon, 11/17/2014 - 23:55

Question

I am an Indian studying in New Zealand. I have finished my first semester. During my 3 month semester break, from New Zealand I would like to apply for a B-2 visa(visit for pleasure) to the US to attend my best friends wedding as I am her bridesmaid. My query about the funds that I need to show <br>
1. How much do I have to show <br>
2. How old should the funds be

Answer

For visitors visa, there is no requirement of possessing funds. The consulates can require, if they so choose, that you demonstrate your ability to support yourself during the visit, but there is no hard and fast rule on this. Your most likely hurdle will be the need to prove that you will come back and not stay in the US illegally. 

Effect of Tourist Visa Denial on Student Visa

Authored on: Fri, 10/31/2014 - 02:33

Question

Last year my tourist visa was denied because the officer thought I may not come back. Now I am going for student visa. What effect will the tourist denial have on my student visa application?

Answer

When the tourist visa denial is based upon a possible intent to immigrate (also known as INA Section 214(b) denial), it CAN be a problem for student visa.