Parents visiting on B2 with approved 130

[SalishSea 16,839]

4 hours 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? 

You're focusing so much on the petition form number, I-130, which is a generic family based petition, and not really relevant. You need to think about the visa type, and the fact that the category is currently banned per presidential proclamation.

 

Viewing a 'visit' through that lens, maybe you can begin to see how CBP would view this situation.

[African Zealot 1,453]

9 hours 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? 

 

Your reasons given for them visiting at this terrible time don’t sound convincing to me and won’t do so to a aggressive immigration officer. ZOOM calls? I mean isn’t that the reason why we have zoom calls, ie you can conduct business from everywhere? Drop that from your list of reasons pronto!

[prokaryotic 0]

Thanks for sharing the perspective, all. Clearly there's more I have to think through. It appears that going through the forums search, I can see instances of parents visiting with pending I-130, but nothing recent. I'll continue looking into it and narrowing down on the reasons for visit. Perhaps I'll keep it to a month instead of 2 or 3 as planned. 

 

I guess I was just excited to have them over since many of my friends' parents are coming in for 6 months at a time recently, but this seems more complicated. 

 

And still keeping this open to see if any family immigration beneficiaries similar to my situation have travelled in recent times with a pending / approved I-130. 

 

Edited July 20, 2020 by prokaryotic

[Duke & Marie 1,389]

Well, if it’s perspective that we’re looking for..

 

I think too many ties to US, not enough to home country and high likelihood of overstay/AOS

1. Pending NVC (approved i130) cases, so intent is there

2. Mom is doing ceremonies here, dad wants to do business here... while both on B1/2

3. Duration of stay 3 months

4. Pandemic is not putting parents off travelling 

5. Current ban on IR5 visa’s

6. Minimal ties to home country

7. Son is USC

 

Note, zoom is zoom, not like they’re paying international call charges... if you can’t sit a meeting all day or for a few days via zoom, how you going to manage it after a long haul flight, or in person? 

 

Just saying.

Edited July 20, 2020 by Duke & Marie

[prokaryotic 0]

8 minutes ago, Duke & Marie said:

Well, if it’s perspective that we’re looking for..

 

I think too many ties to US, not enough to home country and high likelihood of overstay/AOS

1. Pending NVC (approved i130) cases, so intent is there

2. Mom is doing ceremonies here, dad wants to do business here... while both on B1/2

3. Duration of stay 3 months

4. Pandemic is not putting parents off travelling 

5. Current ban on IR5 visa’s

6. Minimal ties to home country

7. Son is USC

 

Note, zoom is zoom, not like they’re paying international call charges... if you can’t sit a meeting all day or for a few days via zoom, how you going to manage it after a long haul flight, or in person? 

 

Just saying.

 

What would be considered good ties to home country? They have thriving business, multiple properties, and a life back in India that they can't easily abandon right now. Even if they had gotten their IR-5 application approved, the plan was always to come for 2-3 months, then go back and wrap up stuff in India before permanently moving. 

 

It seems pretty clear the zoom call thing is a bad idea for explaining to a CBO, but let me clarify here for the group. There's no problem with zoom as such and it clearly can be done internationally. But I do want to make the point that many of these discussions go for hours on an end, at US day time. It's really challenging doing that staying up all night in India. We're talking about client development and negotiation calls - not a standard IT conference meeting. This is an export business and our clients aren't necessarily tech savvy, or willing to accommodate supplier times. 

[Bajinga 136]

there does not seem to be enough data of the people from similar categories travelling during this time to be able to access the risk, which makes it a lot more risky. Based on the details you have provided and considering there is a ban on the category, AOS risk appears to be high on this one. 

another factor for you to consider is a 14 day quarantine once your parents return back to India from the visit. So whether they are not allowed to enter the US or even with a one month stay, they will most likely be subject to a quarantine at the time of return. with the parents most likely belonging to a vulnerable age group, it seems really unsafe to even consider travelling during this time regardless of the immigration angle.

Edited July 20, 2020 by Bajinga

[Duke & Marie 1,389]

27 minutes ago, prokaryotic said:

 

What would be considered good ties to home country? They have thriving business, multiple properties, and a life back in India that they can't easily abandon right now. Even if they had gotten their IR-5 application approved, the plan was always to come for 2-3 months, then go back and wrap up stuff in India before permanently moving. 

 

It seems pretty clear the zoom call thing is a bad idea for explaining to a CBO, but let me clarify here for the group. There's no problem with zoom as such and it clearly can be done internationally. But I do want to make the point that many of these discussions go for hours on an end, at US day time. It's really challenging doing that staying up all night in India. We're talking about client development and negotiation calls - not a standard IT conference meeting. This is an export business and our clients aren't necessarily tech savvy, or willing to accommodate supplier times. 

Apologies, you asked for opinion, and I was under the impression they had a rental property.. with ref to his work here with you USC.. it could be looked at one of two ways... expansion of family (business partnership with USC son) to USA, or possible business relocation to USA.. 

 

timezones are timezones it’s something all international companies deal with and not specific to you guys. Having worked in exporting for over 5 years, if you’re clients can manage spreadsheets, import/export documents etc they can manage Skype or zoom, neither are rocket science. 

 

Im not CBP, neither you, i or anyone knows what will happen at entry, we can only say how it might look

[prokaryotic 0]

Again, I really appreciate the feedback, all. 

@Bajinga that definitely is a concern. 3 months would be acceptable to take a risk like that, but a month or lesser would be too short. That is something I am seriously thinking about right now. 

 

Again, it sucks that my friends parents are rolling in with 6-month visit stamps, simply saying "I want to visit my grandkids" but my parents may face a more challenging time because of a difference in paperwork. The law is the law though, and it is what it is. 

 

Still leaving this open for anyone who has come in like this in recent times. Please respond here or feel free to message me if you feel more comfortable. 

 

Edited July 20, 2020 by prokaryotic

[doggieandsam 765]

20 hours 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). 

 

 

there was a post on here a couple of weeks ago. somebody from Thailand, with a pending K1 visa. members went round and round about all the doomsday scenario why it'll be very hard to visit. in the end, the person was allowed to enter just fine. OP, if money is not an issue (and it sounds like it is not) and the borders are open for B1/B2 like you said (didn't research, just going by what you said), then I do not see a problem here, worst that can happen is they get turned away at the border. obviously, they always have to be honest when questioned by CBP etc and of course, don't do anything to jeopardize their petition process since it sounds like they are almost at the finish line. best of luck!

Edited July 20, 2020 by doggieandsam

[neo_ny 22]

7 hours ago, prokaryotic said:

Again, it sucks that my friends parents are rolling in with 6-month visit stamps, simply saying "I want to visit my grandkids" but my parents may face a more challenging time because of a difference in paperwork. The law is the law though, and it is what it is. 

 

Do you have recent DPs of folks entering on B1/B2 ?  or are you referring to folks who entered the country before the covid crisis hit?

[prokaryotic 0]

5 minutes ago, neo_ny said:

Do you have recent DPs of folks entering on B1/B2 ?  or are you referring to folks who entered the country before the covid crisis hit?

 

What's a DP? I have recent reports of folks entering on B1/B2, yes, but without an I-130. This forum itself has  reports on parents with pending 130s entering just prior to the COVID crisis, but I haven't heard of anything in the last couple of weeks. 

[neo_ny 22]

Just now, prokaryotic said:

 

What's a DP? I have recent reports of folks entering on B1/B2, yes, but without an I-130. 

DP = data point.  Good to know this!

[Duke & Marie 1,389]

I think take it back to basics.. 

 

can people enter usa as a tourist with approved i130.. yes.. of course they can, I did 7 times right up to ir1 interview pending.. 

 

the problems arise on various factors.. negatives..... ties to USA, Buisness in USA, immigration intent.. duration of stay.. country of origin (high/low risk) ties to home country.. pandemic risk factor for parents travel.. ir5 ban currently in place.. 

 

your parents if they try, should just be honest when answering the questions... any prior planning or coaching etc etc on how to answer and what to say just makes it look and sound dodgy and will likely raise more suspicion at entry because their persona will not be natural.. if they get in, they get in, if they don’t they don’t.. it’s the reality of it sorry. 

[SusieQQQ 11,584]

4 hours ago, doggieandsam said:

worst that can happen is they get turned away at the border

Well, they would lose their B visas if that happens, but as they are about to immigrate when they can anyway I don’t suppose that's much of a problem. 

[prokaryotic 0]

9 minutes ago, SusieQQQ said:

Well, they would lose their B visas if that happens, but as they are about to immigrate when they can anyway I don’t suppose that's much of a problem. 

 

I think being turned away at the border is what most concerns me. I'm even OK with a short visit, but just having to get back onto a plane would be difficult for my parents. 

 

Honestly, loss of B visa its no a bother because it seems pointless anyway if they are restricted to visit till they get their green cards...