Traveler101

Sorry to hear this and I hope things work out and your mother gets here safely. Please all remember vote in November.

Hi all,
 
My mother was coming to US on IMM grant visa which when she arrives in US will grant her Green Card. Well, she had a transfer at Zurich airport and they didn't let her go to us, she has to go back to Ukraine. US baned all entry from European countries due to the COVID. Only Americans and diplomats are allowed to entry. Now I do not know what's next since her visa expires on July 2. 

I feel very sorry for your mom, very stressful situation. I think there is no harm in trying to get her visa reissued, but they probably won’t until the ban is over. We never know, but it could have been a blessing in disguise since the situation with COVID here, apart from east coast, is getting worse, so she is probably safer in Ukraine for now.

I think there is some misunderstanding going on here.
 
Ukraine had a mandatory 14 day observed quarantine for anyone entering the country.  Because the OP's mom is returning from Zurich, she would need to quarantine for 14 days.
 
However, in April/May, they allowed the use of an app to self quarantine instead of being quarantined at a government supervised facility.  This past week, the UKR government has  allowed a specific C-19 test in lieu of quarantine all together.
 
I know it is too late now, but Ukraine Airlines operated direct flights from Kyiv to New York JKF on occasion, about 4 flights a month.  These were not charter flights but specially scheduled commercial flights.   The OP's mom could have flown on one of these.   
 
But as other's have said, due to her being in Zurich and the EO, she needs to wait 14 days before travelling to the US.  At which point her visa would have expired.   I would highly advise the OP to contact the US Embassy in Kyiv to see if there are any options, however unlikely.   I know no new visas for IR5 can be issued.  But, in this case, the IR5 was initially issued in Jan 2020.  Maybe they can make an exception?  Not likely to happen, but there is no harm in trying.  
 
Visa service center for Ukraine:  https://www.ustraveldocs.com/ua/ua-main-contactus.asp#contactinfo
 
Kyiv Embassy:  KyivIV@state.gov
 

Where did this definition come from?
Actually, it is really hard to find a good definition for the term, although it is something many people have at least an idea of what it means.
 
One decent source is The Routledge Handbook of Migration and Language: "a process where relatives who have previously migrated to a new country sponsor family to migrate to the same country. It entails a tendency by foreigners from a certain city or region to migrate to the same areas as others from their city or region."
Study.com defines it as: "In social sciences, a chain migration is one in which a population migrates (or immigrates) from one location to the next, then continually brings people from their home to this new place. In theory, there is a chain of people constantly moving from place to place, supported by the people who migrated before them. It's one of the biggest games of follow-the-leader a person can ever play."
CIS refers to one such definition from Coming to America: A History of Immigration and Ethnicity in American Life: "One migrant stream may have an impact upon a second stream. The migration of an initial stream of people often encourages the migration of a second group; the innovators may be followed by family or friends at a different time, for example. This process is referred to as chain migration."
 
One thing they all have in common is that it involves one immigrant bringing in more immigrants.
While it does appear that the OP's circumstances would fall under what would be considered chain migration (they immigrated then are bringing another immigrant), the concept of chain migration is not defined by the type of relative being brought over.
 
For instance, is somebody who immigrates to the US as the child of a a USC/LPR, then marries their girlfriend and brings them over (and possibly their children) chain migration? It kinda is, despite it being a spouse. They immigrated then brought their existing family over with them. There's a chain of immigrants in the picture.
What about a parent who gives birth in the US, then the child (once turning 21+) petitions for the parent. Is that chain migration? No...the only immigrant in the picture is the parent. There is no "chain". Only if she brings somebody else would there be a chain. If she brought in her spouse, that would now be a chain.
 
Strictly speaking, limiting chain migration would involve either restricting the ability of immigrants to petition others, not necessarily what types of relatives they can petition, or how many people they can bring in. It would mean making decisions to immigrate to the US or live apart from other family members (not just temporarily).
 
Note: This isn't to say it should or shouldn't be allowed. I'm not suggesting anything of the sort. It's just pointing out that chain migration is not limited to the type of relative.
 
I would also encourage them to contact the consulate to see if any options are available. Technically, case by case exceptions can be made:
"any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees."
 
It is a long shot, but it's greater than 0% by not asking.

Visas cannot be extended......only re-issued after they expire....at the discretion of the consulate.

She is going to contact embassy and see what they say about extending her visa.

I would check with the embassy or USCIS and find out how to extend the date somehow. Also check on line for info. If none of those pan out I would ask a lawyer. Sometimes just calling and asking a question can get you on the right track without needing to hire them. YouTube might have something too. The problem is this is all new so we all are dealing with things that are not normal. Hope you find the answer. I would be interested in the info

Strange, but some of that info contradicts official language on DOS site. She either misunderstood them or they just stated general ban that she falls into. Keep in mind that that if you are not on the list of those being excluded from the ban, then no officials will waste time telling you who is not excluded as that info is pointless to you, so they will state general info like "all travel is baned" etc.
 
While it is correct your mom is not allowed to enter from EU (unless you are USC/LPR under 21+unmarried) some other direct family memebrs (spouses and kids) should be allowed to travel in.
 
Also, the persons that are allowed in from i.e. EU are supposed to undergo "self-quarantine" upon arrival to US if I remember correctly.
 
Again, that will not change anything regarding your mom, just want to clarify in case someone misinterprets your post. 

She shouldn't go through schenzen countries which includes 26 countries including UK & Ireland. She cannot transit also. Am having the same issue as I don't have flight from here apart from France and UK. There's no visa extension/exception or exemption she  will have to file again. 

But now she has to wait for 14 days and visa will expire and then who knows when and how it will be reissued.
 I just don't understand how they sold her tickets that's one, second how the heck they let her through in Ukraine and to board. Don't they know their job? Aren't they supposed to know that she won't be allowed in? I'm so irritated and frustrated 😫

Hurry? I really don't know to ell you the truth. Hoping the earlier she gets to consulate the more chance she gets the visa. 🤷🏼‍♀️

Waiting till July would have been last minute since the visa expires on July 2nd and she's traveling from Ukraine. About 3 weeks ago, transiting through Serbia or Turkey became reliable options.

That is so unfortunate. I’m sorry you’re experiencing this. The airlines at check in should have let her know but of course ultimately is the travelers responsibility. 
 
It would’ve been better to wait until July when flights out of Bucharest are coming to US airports. As you know, Romania is non-Schengen (not banned) and would have been a good departure location.  

If she is IR-5, then they won't re-issue her visa until 2021.....at the earliest....

She can enter because she has/had a valid visa issued before the bans. But she cannot enter from a Schengen country. 
They don’t.

We do know our jobs. But we don’t know the full circumstances of each passenger. There are exceptions to the ruling - parents of minor USCs, spouses of USCs, certain healthcare workers... the onus is on the passenger to make sure they are eligible for the tickets they have purchased. Just as the grocery clerk doesn’t ask you if you have allergies when they scan and pack your groceries - the information is available for you and you decide for yourself whether the product is suitable for you - the same applies when tickets are sold. 
 
In normal times it’s much easier - you either need a visa or an ESTA approval to enter as a non-citizen/non-resident. Such things are easy for airline employees to check. But checking whether someone is a parent to a minor USC or the spouse of a USC is more difficult. The airline could have done more and I’m the kind of airline employee that would have asked questions but back in my days on the check-in desk I asked everyone questions about their trip. But you will find that the conditions of carriage are worded so that it’s the passenger’s responsibility to check their eligibility. 

Unfortunately now that she has been in Zurich she will need to wait at least another 2 weeks before attempting entry (via a non banned country route). You will have to contact the embassy about a possible visa reissue once they reopen for routine visa processing.

This is the second such post  I recall seeing here. I don’t understand why the airlines don’t tell the person at their initial boarding point that they will have a problem at their transfer point. I always used to have docs checked through to final destination for the US, and I had dozens of flights transiting on the way over the years.

Repeat of the visa process. The I-130 petition process should be the same, as well as anything at NVC.
If it expires, contact the consulate to request that the visa be reissued due to circumstances beyond her control.  They make the final call to permit it or not.

Yes, she did in January. They approved her visa on the spot. You know how they ask for double copies of everything? Well they said they didn't need it because everything is online. However, they did ask for all original. My mom had originals of her birth certificate, police clearance from Ukraine and Germany ( she was there for a bit over a year), dissolution of marriage, printed letter from email for interview,  her passport. And I think that's it. She made double copies of everything ( just in case, because they said online) and they didn't ask at all.

It won’t cause trouble for her situation 
(if she keeps on leaving and coming back every 5 or 6 months for a couple weeks with a return ticket out...that’s when it can cause trouble - that is, obviously actually living elsewhere)
In the unlikely event that they ask she just tells them the truth - it was cheaper 

Her stamped passport will be her green card until the plastic one arrives.....with full rights as a legal resident.

A call and a confirmation that you're not going to use the return ticket is just a sort of 'good housekeeping' paperwork thing to do, and helps you retain some value for that return portion, because the airline can sell that seat to somebody else. 
 
Most airlines would probably let her retain the value of the flight not taken for a future flight, but maybe not, if she doesn't make them aware that she's not going to use that ticket and just lets the date slide by. I guess they might offer up the not-taken seat to a wait-list passenger; but I would think they'd be more likely to give her a credit if she lets them know ahead of time that she's not going to use it.

That's what I thought. Even taking in consideration the waiting time to become the citizen.