Is a B1/B2 visa still valid after abandonment of AOS process ?

[iamwhatiam80 92]

Hi folks,

My brother applied for our parents AOS process 2 years back but because of some issues they had to go back before the AOS interview and the process was abandoned.

My question is whether their B1/B2 visa is still valid for travel to US ?

[JohnR! 5,495]

If they are planning to visit only yes, they should be able to use their existing valid visas.

[kzielu 1,149]

Hi folks,

My brother applied for our parents AOS process 2 years back but because of some issues they had to go back before the AOS interview and the process was abandoned.

My question is whether their B1/B2 visa is still valid for travel to US ?

Had they overstayed their visas at any time for any amount of time ? if yes, that invalidated them automatically. If no, they still should be valid.

[iamwhatiam80 92]

If they are planning to visit only yes, they should be able to use their existing valid visas.

Thanx for your quick reply.

Had they overstayed their visas at any time for any amount of time ? if yes, that invalidated them automatically. If no, they still should be valid.

No they never overstayed, in fact they left before the 6 month duration given to them.

[aaron2020 11,651]

Hi,

Your parents asked to change their B1/B2 status to LPR. Since they abandoned the AOS, their status did not change and remained B1/B2 visa holders.

However, the AOS shows an intent to immigrate. Abandoning it does not imply an intent to not immigrate since people do make the mistake of leaving the US without the intent to abandon the AOS, but they actually do.

Your parents have have problems entering the US with their visas because of the AOS abandonment.

[iamwhatiam80 92]

Hi,

Your parents asked to change their B1/B2 status to LPR. Since they abandoned the AOS, their status did not change and remained B1/B2 visa holders.

However, the AOS shows an intent to immigrate. Abandoning it does not imply an intent to not immigrate since people do make the mistake of leaving the US without the intent to abandon the AOS, but they actually do.

Your parents have have problems entering the US with their visas because of the AOS abandonment.

Are you saying that they maybe denied an entry into US by the CBP officer at the POE ?

[aaron2020 11,651]

Are you saying that they maybe denied an entry into US by the CBP officer at the POE ?

Yes. If the AOS was not officially withdrawn, then they could have problems entering the US.

If they left the US and nothing was done, their intent to immigrate was never officially withdrawn.

The reason is that some people leave the US while adjusting, then try to come back later to continue them.

[iamwhatiam80 92]

Yes. If the AOS was not officially withdrawn, then they could have problems entering the US.

If they left the US and nothing was done, their intent to immigrate was never officially withdrawn.

The reason is that some people leave the US while adjusting, then try to come back later to continue them.

Oh boy. Please suggest what i should do now ?

[aaron2020 11,651]

I don't know what you can do.

I just wanted to give you an idea how CBP may view the situation where your brother filed for AOS for your parents and then does nothing to tell USCIS that your parents have changed their intentions to immigrate to the US.

CBP may let them in and simply note "No AOS" in your parents' files.

[Mollie09 1,543]

Oh boy. Please suggest what i should do now ?

The petitioner could send USCIS a letter canceling the petition too.

[iamwhatiam80 92]

Ok. Thank you all for your responses.

[iamwhatiam80 92]

I don't know what you can do.

I just wanted to give you an idea how CBP may view the situation where your brother filed for AOS for your parents and then does nothing to tell USCIS that your parents have changed their intentions to immigrate to the US.

CBP may let them in and simply note "No AOS" in your parents' files.

My brother called USCIS and spoke to level 2 officer. She said that my parents wont have any issues at the POE as the AOS process is no longer active and valid.

What else can we do ?

[Boiler 45,501]

I thought DOS dealt with entries.

[aaron2020 11,651]

My brother called USCIS and spoke to level 2 officer. She said that my parents wont have any issues at the POE as the AOS process is no longer active and valid.

What else can we do ?

It's great you got positive news.

However, two caveats. First, the USCIS phone line is known to give out bad information and is often referred to as the USCIS Misinformation Line. Second, CBP is in charge of the POE. USCIS is another agency and it's not in charge at the POE.

I thought DOS dealt with entries.

At the POE, CBP deals with enteries. CBP and USCIS are agencies both under the Dept. Of Homeland Security.

[Boiler 45,501]

Close, but no prize for me.