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

[LTrucker 22]

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!

[canadian_wife 1,791]

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

[arken 4,197]

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.

[LTrucker 22]

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.

[LTrucker 22]

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.

[SusieQQQ 11,584]

I can’t see any reason why their existing visa would have been canceled but best to check with the embassy. Wanting to renew a visa does not affect the validity of the existing one.

[LTrucker 22]

Thank you!

[seekingthetruth 1,218]

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 October 13, 2021 by seekingthetruth

[SusieQQQ 11,584]

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 October 13, 2021 by SusieQQQ

[seekingthetruth 1,218]

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.

[SusieQQQ 11,584]

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 October 13, 2021 by SusieQQQ

[seekingthetruth 1,218]

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); **
•  

[seekingthetruth 1,218]

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.

[SusieQQQ 11,584]

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 October 13, 2021 by SusieQQQ

[jan22 2,898]

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 October 13, 2021 by jan22