Non-immigrant visa for pending immigrants

[gryphon 20]

Hello everyone,

There's a petition I had started to try to get some attention to the pain of consular processing. if you have some time, please read it and if you agree, please sign and share! Thanks =)

https://www.change.org/p/barack-obama-allow-us-citizens-sponsored-foreign-family-members-to-visit-during-immigration-processing

[Boiler 43,622]

Suggest you read the Guides to make yourself familiar with the process.

[gryphon 20]

I'm currently in the process awaiting the results of the I-130 - is there something specific that I've missed or were you referring to forum guidelines? If I've violated something to that effect, I do apologize, as that was not intended.

[Anh map 2,098]

People are allowed to apply for a visitor visa during the immigrant visa process. What are you trying to change?

[Boiler 43,622]

The Guides above are a good source of information on the process. Many of the basic questions are answered in them.

[gryphon 20]

Hmm... perhaps it's a visa waiver issue? The CBP has said they will not allow it while the immigration process is ongoing. I'll double check the links. Thanks!

Edited December 19, 2015 by gryphon

[Boiler 43,622]

You are confusing your specific situation with the general norm.

[gryphon 20]

So you're saying the norm is that people are able to get non-immigrant visas during consular processing?

[Boiler 43,622]

I visited during the process, I would assume most Canadians do.

[gryphon 20]

I'm still not sure how to convince CBP that she has no intention of abandoning her home when she does without lying. So far, both CBP and lawyers have said it's very difficult, while the Internet is saying "no problem!". I was just hoping to garner support for something that seems so silly to have to prove.

101. (a) (15) (B) - an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure;

It says in your profile you filed on a K-1, so why would you even need a B visa?

[Boiler 43,622]

If you are asking me I visited on the VWP. Could not get a B.

[gryphon 20]

Ok, I think that's where the confusion is. I used the wrong term earlier - Canada isn't part of the VWP, they just don't normally have to apply for B visas. I see from http://travel.state.gov/content/visas/en/visit/visa-waiver-program.htmlthat " Persons admitted under the Visa Waiver Program are not permitted to change status in the United States", which I'd imagine is the real reason they don't allow the B visas. Thanks for the info, I'll look into it.

[HFM181818 748]

it's not the visiting that is the problem - it's the incredibly low rate of compliance by those 'visitors', who often jump at the chance to do the AOS and circumvent the wait....now, if (a) Congress legislates an end to any and all AOS or COS from B2 visas and (b) admits people, for say a month, with stiff penalties for those who refuse to obey, and disallow all waivers for such transgressions, etc, then perhaps more people could obtain B2 visas and enjoy a visit now and then while the I-130s are being processed.

But sadly, there are no such restrictions (as yet) and since INA 214b has not been repealed, then each and every applicant seeking a B2 visa, no matter whether they are married to an Amcit or not, has to convince a CO that they will be the one in a 100 who actually returns to their country to finalize the IV process instead rushing to the nearest USCIS office to begin the AOS, while telling anyone who will listen (but none who believe) that they had no intention of staying.

[Boiler 43,622]

You can adust through marriage when enter ing on the VWP. Many do.

[HFM181818 748]

and contributes to the difficulty non-VWP folks have when asking for a B2 visa.,...because the COs know that an AOS is common, that the applicant has already expressed a strong interest in immigrating and that there are no meaningful controls in the US to prevent the AOS...