Mom was sent back home at EU transfer airport

[geowrian 22,337]

1 hour ago, April M said:

Can you provide the web link on that information please? 

DOS FAQ: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html#NQ

Quote

My immigrant visa expired before I was able to travel to the United States.  What should I do?

You should contact the Immigrant Visa Unit of the U.S. Embassy or Consulate that issued your visa.  You do not need to file a new petition with USCIS, but you may need to submit a new application (DS-260) and pay another immigrant visa application processing fee.  In addition, you may need to submit new supporting documents, such as a new medical examination and police certificate.  Please be prepared to return your unused, expired visa and visa package (if applicable).  Requests to reissue or replace visas are considered on a case-by-case basis, and all applicants are required to re-establish their eligibility;  there is no guarantee that you will receive a new visa.

Regulation (CFR): https://www.law.cornell.edu/cfr/text/22/42.72

Policy (FAM): https://fam.state.gov/fam/09FAM/09FAM050410.html#M504_10_5

 

Since the question of a visa extension has been brought up several times in various threads now, I dove a bit deeper to see if it is technically possible...

 

Technically per the regulation above, the visa can be extended for up to the 6 month point from the date of issuance. Note that an immigrant visa validity period is constrained by that of the medical validity, so the visa should have been issued for less than 6 months initially.

If the medical was obtained considerably before visa was issued, the way I read the CFR is that the visa could be extended (with a new medical) that would expire at the 6 month point from the date of issue. This is granted on a case by case basis.

Although, I can't imagine the timeline for doing so right now, even if they agreed. There would need to be a decent chunk of time between when the medical occurred and visa was issued for this to even have a slight chance of working out.

Edited June 30, 2020 by geowrian

[LittlePenguin 15]

Not sure about other embassies but this is what Vietnam embassy says about renewing visas.

 

* Previously Issued Visas and Visa Renewals: If you already have a U.S. immigrant visa that has not expired, you may still use it to immigrate to the United States. If your immigrant visa has expired due to factors beyond your control, please contact our office here for instructions on how to renew it; there is a fee, and you will need to undergo a new medical examination. Note that we presently cannot renew visas in categories suspended by President Trump’s Proclamation.

 

Link:  https://vn.usembassy.gov/visas/immigrant-visas/

[SteveInBostonI130 3,432]

13 hours ago, Jorgedig said:

You are taking my comment out of context.  I responded to a poster who suggested a COVID test in lieu of quarantine, which is not something I have seen as an alternative to the current US travel restrictions for UK/Schengen/Iran/China etc.

Hi,

 

I read it, and that is why I thought there is some misunderstanding going on.

 

First, US does not require a quarantine.  Just that a traveler to not be in any of the banned countries in the past 14 days.  So the quarantine post from the other person would apply to Ukraine, which does allow a covid test in lieu of quarantine.

 

If the poster meant to comment about travel to the US, then the clarification is not that there is a required quarantine, but a non exempt-able (as far as I'm aware) wait of 14 days before travelling to the US from a non-banned country.

 

[Crazy Cat 41,834]

8 hours ago, LittlePenguin said:

Not sure about other embassies but this is what Vietnam embassy says about renewing visas.

 

* Previously Issued Visas and Visa Renewals: If you already have a U.S. immigrant visa that has not expired, you may still use it to immigrate to the United States. If your immigrant visa has expired due to factors beyond your control, please contact our office here for instructions on how to renew it; there is a fee, and you will need to undergo a new medical examination. Note that we presently cannot renew visas in categories suspended by President Trump’s Proclamation.

 

Link:  https://vn.usembassy.gov/visas/immigrant-visas/

Seems to fit the OP's situation pretty well.  The visa will expire due to travel in restricted areas, and it cannot be extended or renewed (due to the proclamation).

[Diane and Chris 651]

On 6/28/2020 at 1:50 PM, Traveler101 said:

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 😫

Why can’t she fly now and go through another country that is allowed entry?  Is it because she has now entered a banned European country?  Also, when was her visa issued?  In situations like what is going on in the world today, shouldn’t she have tried to come sooner rather than later?  I hope her issue is resolved and she is able to enter the U.S.  

[SusieQQQ 11,586]

10 minutes ago, Diane and Chris said:

Why can’t she fly now and go through another country that is allowed entry?  Is it because she has now entered a banned European country?

Yes, she has to wait 2 weeks, by which time her visa will have expired.

[April M 28]

14 hours ago, Jorgedig said:

A link on what info?  That expired visas cannot be extended?

Never mind, some one else posted the info thanks anyway

[Enie 7]

On 6/28/2020 at 7:31 PM, geowrian said:

If this is an IR-5 case, they won't be able to re-issue the visa as new IR-5 visas are banned until at least 2021.

There is now an updated version (on 29th June) of the proclamation that exempts IR5 category as long as the USC filer is unmarried. It also exempts spouse of green card holders (F2A) and their children, siblings of USC as long as they are married. Some other categories were also included. This is the updated version https://travel.state.gov/content/travel/en/News/visas-news/presidential-proclamation-coronavirus.html?fbclid=IwAR3yNPaYEc8cAFb2qbQOlzDzD2bsXQeRkc7qnm6VcusJwvEvJbXNgAdTBg4

[SusieQQQ 11,586]

1 hour ago, Enie said:

There is now an updated version (on 29th June) of the proclamation that exempts IR5 category as long as the USC filer is unmarried. It also exempts spouse of green card holders (F2A) and their children, siblings of USC as long as they are married. Some other categories were also included. This is the updated version https://travel.state.gov/content/travel/en/News/visas-news/presidential-proclamation-coronavirus.html?fbclid=IwAR3yNPaYEc8cAFb2qbQOlzDzD2bsXQeRkc7qnm6VcusJwvEvJbXNgAdTBg4

Hmmm - from that link 

”siblings (provided that both the sibling and the U.S. citizen or lawful permanent resident are unmarried and under the age of 21)”. If this refers to F4 it’s meaningless, because current PDs would imply that the USC would have had to file the i130 at, oldest, age 8.

“parents (provided that his/her U.S. citizen or lawful permanent resident child is unmarried and under the age of 21),” Can’t refer to IR5 because you have to be 21 to file IR5. 
 

Also LPRs can’t file for either parents or siblings, so the inclusions above are a little odd. Anyone figure out what visa categories these would actually apply to? Would these be included in the exceptions to non-immigrant visas?

 

And the actual proclamations themselves still don’t exempt spouses or children of LPRs.

 

Edited July 1, 2020 by SusieQQQ

[geowrian 22,337]

1 hour ago, Enie said:

There is now an updated version (on 29th June) of the proclamation that exempts IR5 category as long as the USC filer is unmarried. It also exempts spouse of green card holders (F2A) and their children, siblings of USC as long as they are married. Some other categories were also included. This is the updated version https://travel.state.gov/content/travel/en/News/visas-news/presidential-proclamation-coronavirus.html?fbclid=IwAR3yNPaYEc8cAFb2qbQOlzDzD2bsXQeRkc7qnm6VcusJwvEvJbXNgAdTBg4

The exemption you are referring to was there in the original one. It is for parents of an under-21 USC child.

 

An IR-5 visa requires the petitioner be 21 or older. So - like the original EO - it would require an under-21 USC child in addition to the petitioner as a son/daughter. The IR-5 category is still banned by one EO (so no new visa), and physical presence in past 14 days within certain countries is still banned for parents of a USC, unless that exemption applies (the OP's current case).

Edited July 1, 2020 by geowrian

[HRQX 4,145]

15 minutes ago, geowrian said:

it would require an under-21 USC child in addition to the petitioner as a son/daughter.

*an under-21 USC or LPR child in addition

Subsection 2(a)(iii) says, "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"

Edited July 1, 2020 by HRQX

[geowrian 22,337]

Just now, HRQX said:

*an under-21 USC or LPR child in addition

Subsection 2(a)(iii) says, "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"

Correct, thanks. I was going off memory, mea culpa.

[April M 28]

8 hours ago, SusieQQQ said:

Hmmm - from that link 

”siblings (provided that both the sibling and the U.S. citizen or lawful permanent resident are unmarried and under the age of 21)”. If this refers to F4 it’s meaningless, because current PDs would imply that the USC would have had to file the i130 at, oldest, age 8.

“parents (provided that his/her U.S. citizen or lawful permanent resident child is unmarried and under the age of 21),” Can’t refer to IR5 because you have to be 21 to file IR5. 
 

Also LPRs can’t file for either parents or siblings, so the inclusions above are a little odd. Anyone figure out what visa categories these would actually apply to? Would these be included in the exceptions to non-immigrant visas?

 

And the actual proclamations themselves still don’t exempt spouses or children of LPRs.

 

There are links with in links to go to in the link, if you use them it will lead you to other info.

[HRQX 4,145]

11 hours ago, SusieQQQ said:

because current PDs would imply that the USC would have had to file the i130 at, oldest, age 8.

Just a note that USC petitioners must also be at least 21 in order submit I-130 for sibling: https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1153&num=0&edition=prelim#0-0-0-182

11 hours ago, SusieQQQ said:

siblings, so the inclusions above are a little odd. Anyone figure out what visa categories these would actually apply to?

It would have to be very niche cases. I assume most of those niche cases would involve nonimmigrant entry. That section on the page is referring to Subsection 2(a) of the five proclamations (Schengen Area; UK and Ireland; Brazil; Iran; China): "(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; (iv)    any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21" An example of a niche case would be the following hypothetical:

Quote

A family of 4 (the husband, wife, child aged 6 and child aged 4) from Italy enter with Immigrant Visas* in early 2016. In mid-2017, the father gets a great job offer in Italy. He decides to relocate with the wife and youngest child; the older child would be in the care of the father's cousin and remain in the US. For simplicity sake, let's say the 3 that left to Italy submitted Form I-407, Record of Abandonment of Lawful Permanent Resident Status. In early 2019, the 3 of them apply for B-1/B-2 visas and are approved. While the Schengen Area proclamation is in force, they can travel directly to the US for visits per the exemptions mentioned above.

 

*Diversity Visa works for this hypothetical. Maybe other Immigrant Visas work too?

 

Edited July 1, 2020 by HRQX

[adipo21 141]

Try to contact the US embassy yourself and see if they can extend her visa till traveler's restrictions have been lifted.