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Pole2USHopeful

Spouse has Green Card after successful AOS from B2 - is there any chance her family could visit her in the USA?

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Filed: AOS (pnd) Country: Poland
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My spouse has had a conditional green card for some time now and after visiting her home country of Poland a few times, her family wants to visit us here in the US and see her world. 

 

Her family has some strong ties to Poland. They all have paid-off homes there, careers there, and some are studying there... but I continuously here it's basically impossible after someone used a B2 and ended up as an immigrant. 

 

Is there any chance at all? Besides the heartbreak at the airport, we don't have the money to throw at so many journies to the USA that immediately get turned around... 

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Filed: F-2A Visa Country: Iraq
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5 minutes ago, Pole2USHopeful said:

My spouse has had a conditional green card for some time now and after visiting her home country of Poland a few times, her family wants to visit us here in the US and see her world. 

 

Her family has some strong ties to Poland. They all have paid-off homes there, careers there, and some are studying there... but I continuously here it's basically impossible after someone used a B2 and ended up as an immigrant. 

 

Is there any chance at all? Besides the heartbreak at the airport, we don't have the money to throw at so many journies to the USA that immediately get turned around... 

They would have to get visas approved first (I believe $160 per application) before you should consider paying for any journey.

 

Sounds like they are a lot - would they consider coming in smaller batches? After all having family left behind is another strong tie and if you're trying to ship the entire family at once, it might as well look like a move :)

But jokes aside - if they have strong ties to home, and it's important for all of you, why not try to obtain a visitor visa? Letters of employers, college enrollment, all types of proof can help.

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Filed: AOS (pnd) Country: Poland
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3 minutes ago, Quarknase said:

 

But jokes aside - if they have strong ties to home, and it's important for all of you, why not try to obtain a visitor visa? Letters of employers, college enrollment, all types of proof can help.

Poland is a part of the Visa Waiver program as of just recently, so I'm worried most of their scrutiny will be faced after the long flight in a US Airport. 

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Filed: F-2A Visa Country: Iraq
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2 minutes ago, Pole2USHopeful said:

Poland is a part of the Visa Waiver program as of just recently, so I'm worried most of their scrutiny will be faced after the long flight in a US Airport. 

Ohhh right, I forgot that part :) Sorry!

Your point makes a lot more sense now. My ignorance 😶

VWP countries usually don't face a lot of scrunity as far as I know. They should book a round trip to show intend of return, and bring proof of ties to home.  I assume they would only stay a week or two? Employers could write letters confirming that employee XYZ has vacation from date A to Date B and is expected to return to work on date C...

A small risk is left (as it is for everyone that isn't a US Citizen) but I personally would think it's worth trying.

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How would they know that she had AOSd from a B visa if they're traveling on the VWP?  I'm truly curious.

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Filed: AOS (pnd) Country: Poland
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6 minutes ago, Jorgedig said:

How would they know that she had AOSd from a B visa if they're traveling on the VWP?  I'm truly curious.

Poland is brand new (like still in its first few weeks) of the Visa Program. Even if it wasn't shown to the border agents (I'm sure it is) any of them would know it was a B2 originally for my spouse. 

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31 minutes ago, Pole2USHopeful said:

Poland is brand new (like still in its first few weeks) of the Visa Program. Even if it wasn't shown to the border agents (I'm sure it is) any of them would know it was a B2 originally for my spouse. 

I'm confused.  Are you not talking about ESTAs for your in-laws?  How would your spouse's B2 even come up?

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Filed: K-1 Visa Country: Philippines
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Her family's ability to travel on the VWP is not linked to her AOS from B2.  They are granted their status and enter the US on their own merits, not hers.  CBP does not keep a giant database of families of individuals who AOS from B2 in order to deny them as some form of punishment.

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Filed: K-1 Visa Country: Wales
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So they will be entering using the VWP, obtain an ESTA pre approval, I do not see an issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Ghana
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10 hours ago, Pole2USHopeful said:

... but I continuously here it's basically impossible after someone used a B2 and ended up as an immigrant. 

 

Is there any chance at all? Besides the heartbreak at the airport, we don't have the money to throw at so many journies to the USA that immediately get turned around... 

It’s a total myth that when someone’s adjusts status to permanent resident from a B2, the person’s family or friends are automatically doomed and have no chance of visiting. I have heard such anecdotal stories, they are neither widespread nor completely believable.

 

I know because my best friend and several friends/people within my immigrant community adjusted status from visitor visas and many have had their family visit. 

 

If they are coming in ESTA, unless they meet a completely unprofessional biased immigration officer at the port of entry (it happens), they should be fine.

 

If they are coming on visas instead of ESTA (since they are from an ESTA eligible country), their chances of approval are almost the same as if the host had adjusted status from H1B or who came via the DVL or other path. I say almost because consular officers are human and have biases (although some here will claim otherwise) and some could possibly refuse someone due to such bias although they would not explicitly say so.

 

Encourage them to visit on ESTA and have in their possession copies of documents they would need if they were applying for a visa.

Just another random guy from the internet with an opinion, although usually backed by data!


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

 

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Filed: Citizen (apr) Country: Brazil
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24 minutes ago, Ray.Bonaquist said:

 

If they are coming in ESTA, unless they meet a completely unprofessional biased immigration officer at the port of entry (it happens), they should be fine.

 

Permission to enter the US is never a guarantee unless you are a USC. To claim that only an "unprofessional biased immigration officer" could give them a hard time is an incorrect assumption at best. They have the right to question, take to secondary inspection and refuse entry to anyone that does not overcome the assumption of immigrant intent.

 

Therefore, there is never telling whether someone will be fine or not. Sure, it's no news that certain citizens from certain countries tend to be more scrutinized than others (by definition VWP holders are usually the ones that are grilled less at POE, but still, they might be). They might get asked about relatives in the US, ties to their home country. They might not. No one can tell for sure, but if they do, it's probably not due to the CBP officer being an evil employee.......

Edited by Nat&Amy
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Filed: Citizen (apr) Country: Ghana
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39 minutes ago, Nat&Amy said:

Permission to enter the US is never a guarantee unless you are a USC. To claim that only an "unprofessional biased immigration officer" could give them a hard time is an incorrect assumption at best. They have the right to question, take to secondary inspection and refuse entry to anyone that does not overcome the assumption of immigrant intent.

 

Therefore, there is never telling whether someone will be fine or not. 

You’ve not written anything that’s not common knowledge including to the OP and any other applicant and I honestly fail to see what exactly you’re trying to rebut in my writeup. 

 

Context is important when making a point. When I said unprofessional biased officer, it was in the context of denying a person because their host had adjusted status from B2. And I am correct on that because visitor visa applicants are to be evaluated on their own merits. Check the U.S. Department of State - Foreign Affairs Manual Foreign Affairs Manual for visa officers and various US Consulate websites.

 

Also saying you will be fine doesn’t imply a 100% guarantee. Perhaps you wanted me to add all things being equal?

Edited by Ray.Bonaquist

Just another random guy from the internet with an opinion, although usually backed by data!


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

 

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