Enter US on B2 visa while immigrant visa was denied

[Cokecherry 0]

Hi all:

A question on travel to US while the immigrant visa was denial. I'm a USC and filed immigrant visa for my mom; her visa was denied. However, she still has a valid B2 visa on her passport. Can she travel to US under her B2 visa temp. visit me? She has no intend to AOS while she's in US, but I guess CBP won't believe that since her immigrant visa was denied. When she enter into US, will CBP office able to see she applied an immigrant visa before?

Thanks for your advice.

 

[Liam2021 587]

It will up to decision  of the CBP. Also, this is the first time i see an immigrant visa for mother/father was denied. Please give us more information why visa was denied.

[USS_Voyager 1,972]

22 minutes ago, Coke Panda said:

When she enter into US, will CBP office able to see she applied an immigrant visa before?

Yes, not only they can see she applied for one, they can see that she was denied. The decision to admit any non-US citizens is at the discretion of the CBP officer at a port of entry. She can certainly be denied. 

[SalishSea 18,073]

45 minutes ago, Coke Panda said:

Hi all:

A question on travel to US while the immigrant visa was denial. I'm a USC and filed immigrant visa for my mom; her visa was denied. However, she still has a valid B2 visa on her passport. Can she travel to US under her B2 visa temp. visit me? She has no intend to AOS while she's in US, but I guess CBP won't believe that since her immigrant visa was denied. When she enter into US, will CBP office able to see she applied an immigrant visa before?

Thanks for your advice.

 

I would be worried that she would be turned away at the port of entry, as she clearly has immigrant intent.

[geowrian 22,338]

Technically it still remains valid unless they revoked it (which they can do electronically). Actually entering on it is the question...showing non-immigrant intent would be difficult IMO.

Option 1) Try. She may or may not be denied entry. If possible, go through a pre-clearance airport to avoid coming all the way to the US to find out. Obviously the risk is the ticket costs, times, frustration/anxiety/etc. associated with being denied entry.

Option 2) Contact the consulate. They may or may not subsequently revoke the visa (assuming they did not do so electronically already).

[Ontarkie 14,378]

~~MOved to Tourist Visas, from Working and Traveling - the Op is asking entry on a B2 ~~

[Boiler 45,913]

Why the visa was denied could be relevant.

[SusieQQQ 11,587]

Agree reason for visa denial needs to be known to properly answer.

 

I’d think it highly unlikely she’d be allowed in, with demonstrated immigrant intent on her record. First step though should be to contact the embassy to see if B2 visa is actually still valid.