Parents visiting on B2 with approved 130

[prokaryotic 0]

My parents have an approved family based 130, and valid B1/B2 visas. Turns out they can actually visit now - from India - as flights are allowing B1 holders to go to the US. Several of my friends have had their parents visit the US successfully on B1, but mine have shown immigrant intent with the family petition approval. They want to stay for 2-3 months - my mom has some religious ceremonies to conduct here, and my Dad has some zoom calls to make with business contacts here (me - USC -  and him are involved in building a branch of our family business here in the US.) Plus I'll feel a lot better keeping an eye on them here in the US vs India in terms of COVID control. No intention to do an AOS as we have active rental properties and a business back in India. 

 

Has anyone entered after showing immigration intent? Has anyone heard of entry denial and being forced to go back to the country in these times?

 

Note that they have always had the pattern of visiting 2-3 months every 2 years since 2014. They last came here spring 2018. 

 

Thoughts? 

 

[Lil bear 4,247]

1 minute ago, prokaryotic said:

My parents have an approved family based 130, and valid B1/B2 visas. Turns out they can actually visit now - from India - as flights are allowing B1 holders to go to the US. Several of my friends have had their parents visit the US successfully on B1, but mine have shown immigrant intent with the family petition approval. They want to stay for 2-3 months - my mom has some religious ceremonies to conduct here, and my Dad has some zoom calls to make with business contacts here (me - USC -  and him are involved in building a branch of our family business here in the US.) Plus I'll feel a lot better keeping an eye on them here in the US vs India in terms of COVID control. No intention to do an AOS as we have active rental properties and a business back in India. 

 

Has anyone entered after showing immigration intent? Has anyone heard of entry denial and being forced to go back to the country in these times?

 

Note that they have always had the pattern of visiting 2-3 months every 2 years since 2014. They last came here spring 2018. 

 

Thoughts? 

 

It is always at the discretion oc the CBP. They have some positives in their favour .. existing visa , previous record of travel

and compliance ... I’d recommend planning a shorter visit ... There is no way to know what will be the thinking of the actual officer they see at POE 

[prokaryotic 0]

Thanks @Lil bear 8 weeks (~ 2 months) was what we were planning, as a month or so is too short for the stuff they want to achieve. We can get return tickets for that duration because of new dedicated travel arrangements India and US have made of late. 

 

I know the theoretical risks and the evidence, curious if anyone has gone through this recently, in practice. I'm seeing some spouses with K1-pending traveling, but not sure about people with approved 130. All the (non-I130) B2 entries I've heard have gone smoothly with barely any questioning from the CBO. 

[SusieQQQ 11,586]

49 minutes ago, prokaryotic said:

Thanks @Lil bear 8 weeks (~ 2 months) was what we were planning, as a month or so is too short for the stuff they want to achieve. We can get return tickets for that duration because of new dedicated travel arrangements India and US have made of late. 

 

I know the theoretical risks and the evidence, curious if anyone has gone through this recently, in practice. I'm seeing some spouses with K1-pending traveling, but not sure about people with approved 130. All the (non-I130) B2 entries I've heard have gone smoothly with barely any questioning from the CBO. 

Because IR5 visas are not being issued for the duration of the travel ban there might be “extra” suspicion that they are sneaking in to adjust status. I personally think it’s a risky gambit right now.  
Re some of the other things you mentioned: (1) zoom calls can by nature be done from anywhere (2) the rental properties etc back home are not much of a tie as they are planning to move anyway (3) the fact that they choose to travel during a period of pandemic does not make a CBP officer less likely to refuse entry and send them back if s/he does not think they will he conforming to the conditions of their tourist visas

Not trying to be purposely argumentative but trying to see things from a CBP officer’s perspective. 

 

 

[prokaryotic 0]

12 minutes ago, SusieQQQ said:

Because IR5 visas are not being issued for the duration of the travel ban there might be “extra” suspicion that they are sneaking in to adjust status. I personally think it’s a risky gambit right now.  
Re some of the other things you mentioned: (1) zoom calls can by nature be done from anywhere (2) the rental properties etc back home are not much of a tie as they are planning to move anyway (3) the fact that they choose to travel during a period of pandemic does not make a CBP officer less likely to refuse entry and send them back if s/he does not think they will he conforming to the conditions of their tourist visas

Not trying to be purposely argumentative but trying to see things from a CBP officer’s perspective. 

 

 

Absolutely, that's what I put then post here - I need people to give me that perspective. 

 

For (1), we've actually tried. These discussions take hours and we just can't do overnight calls. For context, the last contract we discussed was several full day sessions at an in-person office when they last visited. We're just not being taken seriously talking from India - there are some other things to be figured out such as office location, etc. 

 

(2) Would it make a difference if there are multiple such properties and they need active management? We can't simply abandon them at this point and stay in the US for months at a time - the things tenants can get up to in India without oversight are quite problematic. 

 

(3) What's the worst case - they go into some holding cell in the airport and have to take the first flight back?

 

I'm still looking for personal experiences, so if anyone has done this recently, would love to hear about your experience. 

My friends have had their (non I-130 parents) approved for 6 months at a time. It baffles me that the US will eventually let them stay permanently, but they can't visit in the meantime. Oh well, that's the law. 

[SusieQQQ 11,586]

Hardly anyone is traveling as a tourist lately so I doubt you’ll find a lot of recent experience especially looking for a particular situation that mirrors your parents.

 

No-one said they can’t visit. But CBP needs to be satisfied that really is all they plan to do. Unfortunately all the “visitors” who “suddenly decided” to stay and AOS once they are in the US work against genuine visitors.

 

and on 

 

5 minutes ago, prokaryotic said:

Would it make a difference if there are multiple such properties and they need active management? We can't simply abandon them at this point and stay in the US for months at a time - the things tenants can get up to in India without oversight are quite problematic. 

But you are exactly talking about them being here 2-3 months. 

[prokaryotic 0]

1 minute ago, SusieQQQ said:

Hardly anyone is traveling as a tourist lately so I doubt you’ll find a lot of recent experience especially looking for a particular situation that mirrors your parents.

 

No-one said they can’t visit. But CBP needs to be satisfied that really is all they plan to do. Unfortunately all the “visitors” who “suddenly decided” to stay and AOS once they are in the US work against genuine visitors.

 

and on 

 

But you are exactly talking about them being here 2-3 months. 

I meant from the context of "are they moving here long term" - i.e., much longer than the 2-3 months requested. 

[SusieQQQ 11,586]

Only takes one day to trash a place. 
Anyway - it’s not us they need to convince.

[prokaryotic 0]

11 minutes ago, SusieQQQ said:

Only takes one day to trash a place. 
Anyway - it’s not us they need to convince.

Exactly that's why they need to leave early!!! LOL. The longer they stay, the more risk is to all the investments in India. 

 

I mean, literally any tie back to the country can be questioned from that perspective, so I'm trying to figure out what is realistic and what people have been through. 

[SusieQQQ 11,586]

10 minutes ago, prokaryotic said:

Exactly that's why they need to leave early!!! LOL. The longer they stay, the more risk is to all the investments in India. 

 

I mean, literally any tie back to the country can be questioned from that perspective, so I'm trying to figure out what is realistic and what people have been through. 

Yes, exactly - with an approved i130 and expressed immigrant intent, they have essentially already shown that there are no real ties to keep them back home.

[prokaryotic 0]

11 minutes ago, SusieQQQ said:

Yes, exactly - with an approved i130 and expressed immigrant intent, they have essentially already shown that there are no real ties to keep them back home.

 

If that were true no one would *ever* be able to enter the US on a B1/B2 after an 130 has been filed, and there have been people who have entered, is it not? Glancing at the forums, I'm seeing spouses have recently entered even - am I missing something here? 

[SusieQQQ 11,586]

23 minutes ago, prokaryotic said:

 

If that were true no one would *ever* be able to enter the US on a B1/B2 after an 130 has been filed, and there have been people who have entered, is it not? Glancing at the forums, I'm seeing spouses have recently entered even - am I missing something here? 

I really feel like we are going in circles here.  As I already said
 

1 hour ago, SusieQQQ said:

No-one said they can’t visit. But CBP needs to be satisfied that really is all they plan to do.

 

[prokaryotic 0]

OK, I'll go back to my original question. If anyone can chime in who have been in a similar situation recently, I would very much appreciate it. i.e, entering on a B2 while some sort of immigrant intent has been shown (Family based or spousal I-130). 

 

 

[SusieQQQ 11,586]

8 minutes ago, prokaryotic said:

OK, I'll go back to my original question. If anyone can chime in who have been in a similar situation recently, I would very much appreciate it. i.e, entering on a B2 while some sort of immigrant intent has been shown (Family based or spousal I-130). 

 

 

The only ones analogous to your parents are F2A and IR5 - where visa issuance is banned but they can file for immediate aos. 

[SalishSea 17,916]

4 hours ago, prokaryotic said:

I mean, literally any tie back to the country can be questioned from that perspective, so I'm trying to figure out what is realistic and what people have been through. 

IMO, rental properties are a weak tie.  People farm out the management of those investments to family, agencies etc.  It isn't a 'job' someone absolutely needs to be present for.