Jump to content
LTrucker

Visiting with a valid B1/B2 visa while B1/B2 renewal is under processing

18 posts in this topic

Recommended Posts

Hello,

 

Does anyone know if a person can visit the US with a valid B1/B2 visitor visa if the have applied for a visa renewal and their application is pending/admin processing?

 
Basically, there was a death in my immediate family and to absorb the shock and trauma and communally grieve, I want my parents to come visit me for a few months. They have a B1/B2 visitor visa that's valid until January 2022. A few months ago, because of the delay with COVID-related embassy closures and visa processing time, they applied for a B1/B2 visa renewal with the hopes that the visa would be approved sometime this year and they could visit at the end of this year. They've applied and renewed B1/B2 a few times before and were previously told that they could submit their documents through a dropbox and would not have to go through a consular interview process. Unfortunately, for whatever reason, this time they got a notice saying that the embassy was unable to waive their interview requirement and their visa is refused under 221(g) and will require an in-person interview in order to be completed.
 
Previously, when I had applied for a visa renewal while my current visa still had validity, the embassy would stamp a big "canceled without prejudice" on the visa that was close to expiring/old visa, and stamp a new visa with a new expiration date. Their current visitor visa with the expiration date in Jan 2022 is as-is on their passport and was not stamped as canceled.
 
My question is, will my parents be able to visit me in the US on the basis of the visitor visa that's currently valid even if they have applied for a visitor visa renewal which is currently not being processed due to COVID-related embassy closures? I am really hoping to have my family with me so we can grieve together but I am hesitant to buy their tickets without getting a confirmation that CBP/USCIS will let them into the US based on their current visa and not refuse entry because they have applied for a new visitor visa.
 
I emailed the consulate as well but they take 3-10 business days to respond and I am imagining this is probably longer because of COVID.
 
Thanks for any input!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline
1 hour ago, LTrucker said:

 

 
My question is, will my parents be able to visit me in the US on the basis of the visitor visa that's currently valid even if they have applied for a visitor visa renewal which is currently not being processed due to COVID-related embassy closures? I am really hoping to have my family with me so we can grieve together but I am hesitant to buy their tickets without getting a confirmation that CBP/USCIS will let them into the US based on their current visa and not refuse entry because they have applied for a new visitor visa.
 
 

 

CBP will not confirm that they will admit your parents prior to them applying for admission at the port of entry.  Only US citizens are guaranteed entry into the United States.  

 

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites
Filed: F-2A Visa Country: Nepal
Timeline

They can travel if their visa is still valid (not cancelled in the system internally) regardless of pending interview for renewal. Only the embassy can tell that if they have cancelled the existing visa in the system. Entry is always up to the CBP same like previous times.

 

As said nobody (embassy/uscis/cbp) can confirm they will be allowed as they are not USC.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites
58 minutes ago, canadian_wife said:

 

CBP will not confirm that they will admit your parents prior to them applying for admission at the port of entry.  Only US citizens are guaranteed entry into the United States.  

 

Good luck

Confirmation was a poor word choice. What I meant is that the fact that they have applied for visa renewal while having a valid visa could be a potential problem for entry if the CBP system shows that their application is pending but I don't know if the embassy and CBP communicate directly or regularly.

Share this post


Link to post
Share on other sites
25 minutes ago, arken said:

Only the embassy can tell that if they have cancelled the existing visa in the system.

The embassy did not stamp a cancellation stamp on their passports that's why I'm hopeful that they will be able to travel and enter based on their current visa but I will wait to hear back from the embassy before purchasing their tickets.

 

Thank you for your response.

Share this post


Link to post
Share on other sites
5 hours ago, LTrucker said:

Unfortunately, for whatever reason, this time they got a notice saying that the embassy was unable to waive their interview requirement and their visa is refused under 221(g) and will require an in-person interview in order to be completed.

Was there any indication on why they were denied the interview waiver?  I'm curious because my wife might do an interview waiver renewal soon.

Edited by seekingthetruth

Spouse

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

 

Stepdaughter

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Dec. 9th, 2020: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

Share this post


Link to post
Share on other sites
6 minutes ago, seekingthetruth said:

Was there any indication on why they were denied the interview waiver?  I'm curious because my wife might do an interview waiver renewal soon.

Not OP, but speculating that if OP’s timeline is correct, parents probably got existing visa before OP got green card/now citizen? and change of US status of their child might be cause for question. (FYI this is not clutching at straws speculating- thinking  this because of my kids, when under 14, not being waived without me being interviewed after my father had filed a F3 petition). Are you a USC/LPR and did you marry your wife after her last visa was granted?

Edited by SusieQQQ

Share this post


Link to post
Share on other sites
2 minutes ago, SusieQQQ said:

Are you a USC/LPR and did you marry your wife after her last visa was granted?

I'm a USC but she got her visa before we were married in 2015.  It expired in 2018.


Spouse

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

 

Stepdaughter

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Dec. 9th, 2020: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

Share this post


Link to post
Share on other sites
4 minutes ago, seekingthetruth said:

I'm a USC but she got her visa before we were married in 2015.  It expired in 2018.

So I’d definitely prepare for the possibility of her being asked to come in for an interview then, might depend on consulate too.

 

Also the extension in eligibility for 4 years for interview waiver is so far only slated to be in place till December so I guess she should apply soon if that’s the way she wants to go https://travel.state.gov/content/travel/en/News/visas-news/expansion-of-interview-waiver-eligibility.html

Edited by SusieQQQ

Share this post


Link to post
Share on other sites
1 minute ago, SusieQQQ said:

So I’d definitely prepare for the possibility of her being asked to come in for an interview then, might depend on consulate too.

That would not be a huge issue because we don't have immediate plans to travel, but this is at the Manila embassy.  They are not really scheduling regular B1/B2 interviews but I wonder if they might in this situation.

 

However, I just remembered that name changes due to marriage are allowed in the new rules, so it seems unlikely getting married would be an issue.  

 

http://cdn.ustraveldocs.com/ph/ph-niv-visarenew.asp

  • My name, date of birth, and gender on my last visa are the same (If there is name change due to marriage or annulment, I can provide documentary proof); **
  •  

Spouse

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

 

Stepdaughter

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Dec. 9th, 2020: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

Share this post


Link to post
Share on other sites
20 minutes ago, SusieQQQ said:

 

 

Also the extension in eligibility for 4 years for interview waiver is so far only slated to be in place till December so I guess she should apply soon if that’s the way she wants to go https://travel.state.gov/content/travel/en/News/visas-news/expansion-of-interview-waiver-eligibility.html

Yes, we are aware on the Dec. 31 deadline.


Spouse

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

 

Stepdaughter

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Dec. 9th, 2020: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

Share this post


Link to post
Share on other sites
14 minutes ago, seekingthetruth said:

That would not be a huge issue because we don't have immediate plans to travel, but this is at the Manila embassy.  They are not really scheduling regular B1/B2 interviews but I wonder if they might in this situation.

 

However, I just remembered that name changes due to marriage are allowed in the new rules, so it seems unlikely getting married would be an issue.  

 

http://cdn.ustraveldocs.com/ph/ph-niv-visarenew.asp

  • My name, date of birth, and gender on my last visa are the same (If there is name change due to marriage or annulment, I can provide documentary proof); **
  •  

? It wasn’t the name change I was thinking of but the actual fact that she now has a usc spouse. I doubt they would schedule an interview if they are not doing routine ones just because someone doesn’t qualify for a waiver but who knows.

 

 

 

 

Edited by SusieQQQ

Share this post


Link to post
Share on other sites
Filed: Timeline

Back to the OP's question -- the consular officer requesting your parents to have an interview will have entered a 221(g) refusal (temporary refusal pending further processing or information) into the system.   While the current visa might still be valid and will get them on board the plane, CBP at the Port of Entry will be able to see that temporary refusal and may take it into account when they decide to admit them or deny entry.  They should be thoroughly prepared to explain the situation and their future plans to return home and, when it is possible, complete the renewal process.  

 

Have you tried requesting an emergency appointment for the visa interview?  Depending on the circumstances, a death in the family is usually considered a valid emergency for visa processing.

 

Edited by jan22

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...