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

[African Zealot 1,452]

😊

Edited March 11, 2020 by Ray.Bonaquist

[JFH 12,189]

Since there is no interview for ESTA approval, it won’t come up. That may be your saving grace, assuming the relatives are VWP eligible (no previous overstays, good moral character requirements, etc). Had there been an interview, the questioning could very well have led to a denial - I have seen it reported here - when the officer hears that the daughter/sister/mother entered as a tourist and stayed and assumes that she has reported back to the relatives of how it was done. 

[jaysaldi 209]

If you're worried about them getting denied after a long flight, have them route their flights through Dublin or Shannon so the pre-clearance happens there.

[DELETEME1234 208]

21 hours ago, Pole2USHopeful said:

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

These are unfounded stories part of the whole narrative that AOS is bad.  

Since no one typically knows for sure what the exact reason for denial of a visa is, people are merely speculating, seeing correlation (or worse causality) where there is none necessarily.  

 

Either way it's irrelevant. Poland is part of the VWP so my suggestion is for your family members to first apply for a visa waiver through ESTA and then go from there.  

 

No one can guarantee admission, but I see no reason why your family members would have a higher or lower chance of admission compared to other random tourists. If anything, typically, a family or friend group traveling for holidays are less scrutinised than people that travel alone.

Edited March 11, 2020 by Poseidon1212

[SusieQQQ 11,584]

1 hour ago, Poseidon1212 said:

These are unfounded stories part of the whole narrative that AOS is bad.  

Since no one typically knows for sure what the exact reason for denial of a visa is, people are merely speculating, seeing correlation (or worse causality) where there is none necessarily.  

 

 

I can recall at least one instance here where the person said they were explicitly given this as the reason by the CO. The section of course was 214b. 

[DELETEME1234 208]

1 minute ago, SusieQQQ said:

they were explicitly given this as the reason by the CO

Seems to me that the reason was INA section 214(b) as per your own account.

[Boiler 43,462]

Call me cynical but I am never certain about some of these stories, I know with my B it seemed to be over in a flash and there is a tendency to over focus on something that may not be the locus of what actually happened.

[SusieQQQ 11,584]

2 hours ago, Poseidon1212 said:

Seems to me that the reason was INA section 214(b) as per your own account.

I’m not going round in circles here. They reported being verbally told that was the reason by the CO. As I presume you know denials are given as a section number, not detailed with reasons. Applicants may or may not be verbally told the specific reasons behind the denial - we have seen reports here both from people who have been told, and from those who have not and are trying to understand what went wrong. If you want to disbelieve posters who state they are repeating what they were told by a CO, that’s your prerogative. 

Edited March 12, 2020 by SusieQQQ

[SusieQQQ 11,584]

2 hours ago, Boiler said:

Call me cynical but I am never certain about some of these stories, I know with my B it seemed to be over in a flash and there is a tendency to over focus on something that may not be the locus of what actually happened.

None of my B interviews were over in a flash, and in all cases they looked at the documents I brought, contrary to common wisdom here. Not everyone has the same experience.

Edited March 12, 2020 by SusieQQQ

[geowrian 22,335]

The ineligibility for the visa falls under 214(b).

The reason(s) a CO determined that ineligibility applies are something they may or may not state or imply. Typical they do not say or imply a particularly reason, and presumably it's a combination of factors.