US Immigration from China

Hi all,

Looking to get some advice on how to bring my daughter (4 yo, US Citizen) and my mother-in-law (Chinese citizen on b1/b2 Visa) back into the US.

So last year we went to China together for Chinese new year, and I came back to the US myself right before the US-China travel ban took place on 2/2/2020. The plan was for my daughter to stay in China with my mother-in-law for a few months, and then they will fly back to US together. As we all know... things didn't go as planned, and my daughter is still in China now.

According to the proclamation, aliens from China cannot enter. https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-persons-pose-risk-transmitting-2019-novel-coronavirus/

"Sec. 2. Scope of Suspension and Limitation on Entry.

(iii) any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;"

But I think this exception could apply for us, however I am not sure how I can make my mother-in-law to be the legal guardian of my daughter, will that have to involve the court, and is it even possible now that both of them are out of the country now?

The other option would be for them to go to a third country for two weeks prior to entering US, but that is less ideal, as it is going to be very hard for my mother in law to be in a foreign country with a child, and does not speak any English..

We are also waiting to see if the President-elect will lift the ban somehow...

Any advice is appreciated, thank you in advance.

Hi, I am getting some conflicting information on the biometrics fee requirement - page 17 of the I-539 Instructions (10/15/19 version) says an additional biometrics services fee of $85 is required when filing this Form I-539 for V nonimmigrant or for certain
applicants in the CNMI applying for a grant of nonimmigrant status. So it sounds like it is not required anymore for B2 extension. However, when I used USCIS online fee calculator, it says the fee is still required. Can anyone shed some lights on this? Thanks so much!

My parents-in-law applied for their B2 visa extension in early Feb, we just received approval notice this weekend, but the new expiration date is 8/29 - already expired by more than a month. Their original visa was valid until 2/29, so they granted a 6-month extension, but the process took 8 months! The notice is dated 9/29. We waited for some long and now this. What are our options? I plan to call USCIS tomorrow, but I am not sure if they will change the decision. Any suggestion is appreciated.

My Chinese wife's mother just died so my wife is trying to get her father to come to America for the next few months in order to look after him during this difficult time (my wife is an a green card holder). As I understand, American visa offices in Beijing are currently closed due to the virus but do you know if there are any exceptions for emergencies? I ask because I assume this isn't just China specific - I assume that many American visa offices across many different countries are closed at the moment so am thinking the might be something people have experience with. Please let me know. Thanks.

Hi all,

Wanted to share and pick yall's minds on responding to an RFE received on my mother's B2 extension application. I'm including part of the RFE in attachment here.

Background--

1. My mom entered US in Nov 2019 via valid B2 visa to visit, prior to this trip she has come 3 times, always left before the 6 months mark. I applied for her extension in mid Feb due to a travel ban or an advisory against, to China. I applied to extend to 10/31.

2. I listed reason for the extension as mom being high risk group due to her heart condition, and hardship in traveling. I stated that I would be financially responsible for the extension, and attached my pay stub/savings/checking account.

3. I'm a permanent resident.

Questions--

1. RFE is asking to provide evidence of activities "consistent with the B classification" - we have traveled a couple times, which i will include. Does visiting friends and family also count? Is there any documents i need to watch for to exclude that potentially can have a negative impact?

2. RFE is asking to provide evidence of stay would be temporary - i assume this means pretty much flight ticket. I have not booked one for her. Has anyone here responded without a ticket but any other evidence support hardship in traveling?

3. I might get objections on this question, but I was looking into filing another extension if this one gets approved, is that possible? so that she can stay until the vaccine comes out end of this year or early next year. She has a very bad heart condition, flying for 20+ hrs could be very dangerous for her in the current condition - she can't wear a mask for that long either since she also has asthma

Please let me know if you had gone through this and have other suggestions. Appreciate everyone's time!