B2 visa refused status after 2 plus years

[mitzab 285]

Hi guys 

 

I apologize if this has been answered before and if it has please guide me towards the right forum.

 

My friends parents has visited the US multiple times, they both got B2 visas twice as well.

 

They applied again in march of 2019 after their visa expired. They were given 221g for administrative processing and asked for some documents which were provided (birth certificates)

 

Since then CEAC shows refused to both

 

On one the case was last updated on 3rd April 2019 and one other it shows case was last updated August 20th 2019

 

Both cases were created on 2nd April 2019.

 

After inquiring multiple times they got (seems to be a generic response stating that the case is in administrative processing and can take upto 90 days) it's been over 2 years. 

 

1) what are the options here?

2) has the embassy just sent it back to NVC/CEAC for the case to die?

3) can they re apply but how do we know that if the application is dead already? Is there a way to revoke it?

 

4) the son is now a US citizen, would it be better to just apply for a IR1? Quicker and better? If yes what should be we do about the Bermuda triangle B2 visa application which we don't know is dead or not? How will that effect the IR1?

 

Any guidance toward the right thread or any input and answers will be highly appreciated.

 

This is for Islamabad embassy in Pakistan

 

 

Thanks

[HRQX 4,145]

4 minutes ago, mitzab said:

2) has the embassy just sent it back to NVC/CEAC for the case to die?

NVC doesn't deal with B-2 visas.

5 minutes ago, mitzab said:

4) the son is now a US citizen, would it be better to just apply for a IR1?

IR-1 is for spouses of USC.

 

IR-5 is for parents.

[SusieQQQ 11,586]

This is a very strange tale. Birth certificates are not usually required for B visas, and it seems an especially odd request for people who have already had B visas before. Was there some new inconsistency that came to light in the most recent visa application?
How long had your friend been living in the US, and on what status?

 

 

Edited October 29, 2021 by SusieQQQ

[mitzab 285]

11 minutes ago, SusieQQQ said:

This is a very strange tale. Birth certificates are not usually required for B visas, and it seems an especially odd request for people who have already had B visas before. Was there some new inconsistency that came to light in the most recent visa application?
How long had your friend been living in the US, and on what status?

 

 

If it wouldn't be strange and straight forward I am sure I would've been able to find something online.

 

That is correct, they had two tourist visas approved prior to this on which they had multiple visits, in the 221g they did requested their birth certificates which were provided.

 

The only inconsistency that we can think of or new development was that my friend applied for his citizenship. He has been here on off for studies since 2008 and then went back and got his citizenship on Investor visa EB with path to citizenship. (Naturalization happened very recently) 

 

 

 

17 minutes ago, HRQX said:

NVC doesn't deal with B-2 visas.

IR-1 is for spouses of USC.

 

IR-5 is for parents.

Sorry IR-5 

The case status is showing refused on CEAC website and I assumed that NVC and CEAC work hand in hand.

[SusieQQQ 11,586]

The CEAC website is just updated by the consulate. The consulate is the only one that can answer. B cases are not petitions and don’t get “sent back to NVC to die”, they are approved or denied at consulate level. 
The parents stated their son as a relative in the US in the latest application I presume? Yes, it’s possible that they are worried they now have a temptation to stay and adjust. It’s still very curious that they asked for birth certificates though, wonder if it is a security related issue with a similar name on a watchlist of some sort. No way to know and nothing to do unfortunately but wait for the consulate. From what you’ve indicated they are still undergoing administrative processing.A new application is not going to change that.  it’s not out of the ordinary for 2 year AP in Pakistan unfortunately (though it’s less common with older people who have already had visas before). If they do actually want the parents to move to the US then yes he should apply ir5, that is a different issue and not sure how it is seen as an “alternative” to a B visa. Do they want to live in the US or do they just want to visit?

[mitzab 285]

21 minutes ago, SusieQQQ said:

The CEAC website is just updated by the consulate. The consulate is the only one that can answer. B cases are not petitions and don’t get “sent back to NVC to die”, they are approved or denied at consulate level. 
The parents stated their son as a relative in the US in the latest application I presume? Yes, it’s possible that they are worried they now have a temptation to stay and adjust. It’s still very curious that they asked for birth certificates though, wonder if it is a security related issue with a similar name on a watchlist of some sort. No way to know and nothing to do unfortunately but wait for the consulate. From what you’ve indicated they are still undergoing administrative processing.A new application is not going to change that.  it’s not out of the ordinary for 2 year AP in Pakistan unfortunately (though it’s less common with older people who have already had visas before). If they do actually want the parents to move to the US then yes he should apply ir5, that is a different issue and not sure how it is seen as an “alternative” to a B visa. Do they want to live in the US or do they just want to visit?

Thanks for your answer

 

So it has been over 2 and half years, while this is going on is there a reason NOT to file IR5? 

[dwheels76 5,468]

1 hour ago, mitzab said:

Thanks for your answer

 

So it has been over 2 and half years, while this is going on is there a reason NOT to file IR5? 

No nothing stopping filing a I-130 petition for each parent expect from filing to interview about 2 to 3 years.

[SusieQQQ 11,586]

1 hour ago, mitzab said:

Thanks for your answer

 

So it has been over 2 and half years, while this is going on is there a reason NOT to file IR5? 

No. The only possible issue is that IF it is a security issue that led to the AP (no way of knowing) that would need to be addressed for the IR5 too. If the problem is suspected immigrant intent, that’s an irrelevant issue for an immigrant visa. Of course it could be a third unknown factor too.

[African Zealot 1,455]

This is indeed strange. Is there some conflating information with regards to their son? E.g. their son using different name of parents on his citizenship application etc? Honestly at this point it is a black hole and we are all just conjecturing. Typically with a B they would simply deny the visa if they suspect immigrant intent, the fact that they put them into AP means there is an inclination to approve the visas however there is something else giving them cause for concern.

 

If they do intend to spend extensive time in the USA he should petition the IR for them. Although it may fall into the same black hole if the problem is one of some security issue, an IR petition cannot be denied/dismissed as trivially as a B visa and it will sort of force the consular/immigration establishment to provide a more specific reason if denied. It also eliminates the ambiguity of immigrant intent. Of course note that unfortunately by doing that,  they would normally no longer be eligible for the B because they would have demonstrated immigrant intent.

 

Sorry I couldn't provide a more definitive answer.

Edited October 29, 2021 by African Zealot

[mitzab 285]

47 minutes ago, dwheels76 said:

No nothing stopping filing a I-130 petition for each parent expect from filing to interview about 2 to 3 years.

so go ahead and start the IR5 process?

 

44 minutes ago, SusieQQQ said:

No. The only possible issue is that IF it is a security issue that led to the AP (no way of knowing) that would need to be addressed for the IR5 too. If the problem is suspected immigrant intent, that’s an irrelevant issue for an immigrant visa. Of course it could be a third unknown factor too.

we have done everything to get an answer from the embassy, they will not say nothing. 

except the fact that the son became a naturalized citizen recently there is nothing in the profile that warrants any different changes, both parents are way over 70 years of age, passport is full of stamps, multiple visits to Americas/Europe etc.

 

Unknown factors are the blackholes.

 

So do you also suggest to go ahead and do file the IR5?

36 minutes ago, African Zealot said:

This is indeed strange. Is there some conflating information with regards to their son? E.g. their son using different name of parents on his citizenship application etc? Honestly at this point it is a black hole and we are all just conjecturing. Typically with a B they would simply deny the visa if they suspect immigrant intent, the fact that they put them into AP means there is an inclination to approve the visas however there is something else giving them cause for concern.

 

If they do intend to spend extensive time in the USA he should petition the IR for them. Although it may fall into the same black hole if the problem is one of some security issue, an IR petition cannot be denied/dismissed as trivially as a B visa and it will sort of force the consular/immigration establishment to provide a more specific reason if denied. It also eliminates the ambiguity of immigrant intent. Of course note that unfortunately by doing that,  they would normally no longer be eligible for the B because they would have demonstrated immigrant intent.

 

Sorry I couldn't provide a more definitive answer.

Thank you for your response, the issue is that they want to visit the grand kids a lot immigrant intent was never there but this extensive AP or God knows what is pulling their hand on this one, they don't have an issue on staying here for extended time either because most of the kids are here in the US.


So I guess general consensus here is to Noone can say for certainty that why it has been 2 years in limbo and there is no issue even with that to atleast start the process of IR5?

 

 

Attaching the last response from embassy

 

 

 

 

 

[SusieQQQ 11,586]

12 minutes ago, mitzab said:

we have done everything to get an answer from the embassy, they will not say nothing. 

except the fact that the son became a naturalized citizen recently there is nothing in the profile that warrants any different changes, both parents are way over 70 years of age, passport is full of stamps, multiple visits to Americas/Europe etc.

 

Unknown factors are the blackholes.

 

So do you also suggest to go ahead and do file the IR5?

Of course they’re not going to tell you.

 

You didn’t answer my previous question about whether they just want to visit the US or live there so can’t answer the ir5 question.

[African Zealot 1,455]

In my opinion even if they don’t want to live there full time, still file the IR5. When they get the green card, they use it for two or three years like a regular visa then relinquish it voluntarily. In theory and anecdotally,  a voluntary relinquishment of the green card increases one’s chances of being subsequently approved a visitors visa.
 

It’s a couple thousand dollars but then it’s worth the opportunity to be seeing grandchildren and visiting. They really have no other choice and it is not illegal.

 

All the best!

Edited October 29, 2021 by African Zealot

[Boiler 45,281]

There are some practical issues, way over 70 and the IR5 will take some time.

[SusieQQQ 11,586]

26 minutes ago, African Zealot said:

In my opinion even if they don’t want to live there full time, still file the IR5. When they get the green card, they use it for two or three years like a regular visa then relinquish it voluntarily. In theory and anecdotally,  a voluntary relinquishment of the green card increases one’s chances of being subsequently approved a visitors visa.
 

It’s a couple thousand dollars but then it’s worth the opportunity to be seeing grandchildren and visiting. They really have no other choice and it is not illegal.

 

All the best!

Relinquishing it voluntarily only solves the problem if the problem is immigrant intent. We don’t know that’s the case here at all (why would that need birth certificate of the parents?)

And as boiler points out that green card will probably take another two years if not more from filing now anyway. So agree they can file but it’s not going to solve any problem short term.
….And of course, if they file IR5 that almost certainly will kill the B visa application under 214b regardless of what the AP issue actually is. So no B, and no IR5 for at least two years, not an easy decision to take.

[African Zealot 1,455]

11 minutes ago, SusieQQQ said:

Relinquishing it voluntarily only solves the problem if the problem is immigrant intent. We don’t know that’s the case here at all (why would that need birth certificate of the parents?)

And as boiler points out that green card will probably take another two years if not more from filing now anyway. So agree they can file but it’s not going to solve any problem short term.
….And of course, if they file IR5 that almost certainly will kill the B visa application under 214b regardless of what the AP issue actually is. So no B, and no IR5 for at least two years, not an easy decision to take.

What’s the alternative? Reapply and fall into the black hole all over again? In my opinion there are no great solutions and this is the least bad of a set of difficult choices.

 

24 minutes ago, Boiler said:

There are some practical issues, way over 70 and the IR5 will take some time.

Yes however I am all ears what alternative solution you propose to be honest.