B2 Admission

[angie & abed 1]

My MIL has a B2 visa that expires in July of this year (her passport is currently valid until 2014). We applied to renew her visa so she could be here for the birth of her third grandchild and see her only other grandchildren. She was denied twice, they told her she didn't have a good enough reason to come here and some other things. She has been here 3 times and has left to go back to her country 3 times, all well within the 6 month limits.

My question is this, with only the visa validity for a few more months, would she be allowed entry to the US to be here for the baby's birth, as long as she leaves before the expiration of the visa? She (as well as my entire family) are very upset she won't get to be here for the birth (this would have been the only one she has been present for..) and I was under the impression she had to have 6 months on the visa, but after research, I only found 6 months on the passport...so...does anyone know? Pretty please.

[Penguin_ie 5,996]

Yes, she is allowed to use her visa. However, having been denied for a new one several times, there is a good chance she may be denied at the Port of Entry, so should bring plenty of proof she will return.

[kzielu 1,149]

It's actually surprising they did not cancel her current visa. With two denials, chances (IMO) for denied entry are high.

[angie & abed 1]

What type of proof would she need? She is a widowed housewife...she has other children in her country, but they are mostly grown, though none are married and all still live at home. She has never held a job outside the home and is not allowed to own property there. Only thing she would have is a return ticket...and I know that isn't enough proof...

[Boiler 46,128]

She recently applied for a new visa and it was refused?

Usually the old one would have been cancelled.

[Noah Lot 391]

A visa is nothing more than an object with which to ask permission to be admitted to the US....the validity date printed on it relates only to the dates in which the visa holder can use it to ask permission to enter the US....the actual admission time is controlled by USCUS upon arrival and has nothing to do with the validity date of the visa (unless it has already expired)....

[angie & abed 1]

Yes, she applied for a renewal and it was denied (it was our plan for her to come late April and stay 6 months, so we wanted her to be in compliance her entire visit. Hindsight is 20/20). Does anyone know how to find out if the embassy cancelled the one that was still valid?

I appreciate everyone's assistance and please excuse my ignorance, I am trying to find answers on my own and I think maybe I am not looking in the right places.

I guess we need to think it through and decide whether it is worth a $1500 gamble that she may or may not be allowed in...

[kzielu 1,149]

The only way to find it is to contact the embassy - normally they would stamp prior visa with "Cancelled without prejudice" - hard to miss that stamp in a passport.

[angie & abed 1]

Yeah, it would be. My MIL said it wasn't stamped and they did not mention canceling it, though they did ask her what the expiration date on it was (which, surely, they already had, or could easily look up since they issued it).

I am afraid to contact the embassy, I worry they will cancel it if I bring it to their attention. I don't want to do anything that is illegal or anything, we just want her to be able to hold her newborn grandson. She deserves that much.

[Boiler 46,128]

It would be unusual that the existing visa is still valid, for obvious reasons.

[angie & abed 1]

OK, thanks guys for all your help! All we can do is pray.

[angie & abed 1]

Just wanted to update this in case anyone ever has the same issue...

Dept of State said that once you apply for a renewed visa, your current visa, even if still valid, is automatically cancelled out.

Not what I wanted to hear obviously, but it is what it is. Hindsight is always 20/20.