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

[LTrucker 22]

SusieQQQ is correct. I had just started the process of adjusting my status to LPR when my parents got their visa renewed last. Since then, I've gotten LPR and citizenship.

 

I wasn't sure why they were called for an interview this time given they were advised to use dropbox for future renewals (I assumed maybe it was COVID related or because my younger sibling also interviewed with my parents in the past to travel as a family unit) but the status change makes sense to me. Thanks for pointing that out as I will also need to prep my family on this coming up as a potential question during CBP questioning.

[LTrucker 22]

7 minutes ago, jan22 said:

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.

 

This is an interesting perspective. The couple of people I spoke to (immigration lawyer and a person who worked with USCIS/CBP system previously) made it sound like there isn't much direct communication between the embassy/CBP/USCIS (CBP sees the issued visa on their side and embassy is the one that's processing the visa) and that my parents should be granted entry given they convince the CBP officer that they will return after a 2 month stay. So as long as they have a valid visa, the status of the visa renewal should not affect their current visa status but it's always tricky with CBP.

 

Thanks for pointing this out so I can prepare my parents to tackle this question. They are ESL speakers and I want to prepare them ahead of time as much as I can.

Unfortunately, the death occurred in the home country and not the US, so I'm not sure if the embassy will consider this an emergency appointment given the reason they want to visit the US is so that they can be with their child in a time of loneliness.

Edited October 13, 2021 by LTrucker

[jan22 2,898]

1 hour ago, LTrucker said:

This is an interesting perspective. The couple of people I spoke to (immigration lawyer and a person who worked with USCIS/CBP system previously) made it sound like there isn't much direct communication between the embassy/CBP/USCIS (CBP sees the issued visa on their side and embassy is the one that's processing the visa) and that my parents should be granted entry given they convince the CBP officer that they will return after a 2 month stay. So as long as they have a valid visa, the status of the visa renewal should not affect their current visa status but it's always tricky with CBP.

 

Thanks for pointing this out so I can prepare my parents to tackle this question. They are ESL speakers and I want to prepare them ahead of time as much as I can.

Unfortunately, the death occurred in the home country and not the US, so I'm not sure if the embassy will consider this an emergency appointment given the reason they want to visit the US is so that they can be with their child in a time of loneliness.

I don't know when or in what part of USCIS/CBP the person worked, but they have had access to the DS-160 answers and the officer's notes for at least 15 years (can't remember exactly when, but it was an outcome of changes after 9/11).  Preparing them for the possibility they might have to address this is why I brought it up here.  It can be a confusing issue to explain even in non-stressful times.

 

You haven't said what country they have applied in.  While the emergency is usually death in the US, depending on the Embassy they might still consider an emergency appointment.   However -- depending on the circumstances, it might work against them (e.g., the deceased was their only family tie to the home country; travel pattern of long visits in the US and little time at home, etc ).  Asking for an emergency appointment would be a judgment call.  Depending on the specifics, it might be better to just travel on the current visa, ready with an explanation for the 221g.

 

Regardless of how you proceed, I am sorry for your family's loss and hope you can do everything possible for your parents to help them through it.