Can my wife's father get an emergency tourist visa? [merged threads]

[Crazy Cat 42,033]

2 hours ago, SusieQQQ said:

^ wife is a LPR, so her father cannot adjust (yet)

The key word being....Yet.  I wonder how many out-of-status people are in the US just waiting for an immediate relative to gain citizenship.  I agree that there is a low chance of success in this case.  

[CitizenJ 5]

My Chinese wife is an American green card holder. She and I visited China about 2 years ago but haven't been able to return since then because of the pandemic. My wife misses her parents as she obviously hasn't been able to see them during this time and really wants to bring them over to America for a visit. As far as we're both aware though, Chinese citizens who don't have American citizenship or an American green card (like my wife's parents) are banned from entering America for the time being. I understand that this is because of the pandemic but since my wife's parents have a family member who is an American green card holder, would there be any exception to the ban? Would it be possible for her parents to get a tourist visa?

 

Or would the only alternative be for my wife to get American citizenship herself and then apply to bring them over here? She doesn't want to get citizenship and has even weighed the option of canceling her green card down the line so is hoping she wouldn't have to go down this route. 

 

I've searched online and haven't been able to find anything that addresses this kind of specific situation. Would anyone here be able to enlighten me / point me in the right direction?

 

Thanks

[TBoneTX 45,851]

Continuation thread is merged with original thread on this topic.

Edited August 22, 2021 by TBoneTX

[HRQX 4,145]

45 minutes ago, CitizenJ said:

get a tourist visa?

That's the main issue since routine nonimmigrant visa services are suspended at most consulates around the world.

45 minutes ago, CitizenJ said:

Or would the only alternative be for my wife to get American citizenship herself and then apply to bring them over here?

Even if she were a US citizen her father would still be subject to the China COVID travel restriction when attempting to visit (*but exempt if he had an IR-5 immigrant visa). The exemption is only for parents of citizen or LPR children that are both unmarried and aged under 21: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/covid-19-travel-restrictions-and-exceptions.html

 

If he somehow gets a US tourist visa then he would need to go to an unrestricted country (like Ecuador) for 14 days and then travel directly from the unrestricted country to the US: https://translate.google.com/translate?sl=es&tl=en&u=https://www.aviacioncivil.gob.ec/coe-viajeros-que-ingresen-via-aerea-al-ecuador-con-prueba-de-covid-19-negativa-quedan-exentos-del-aislamiento-preventivo-obligatorio/

 

Your wife could meet him in Ecuador during that 14-day stay and then they travel directly to the US.

Edited August 22, 2021 by HRQX

[Boiler 45,908]

Her father remarried?

[SalishSea 18,072]

42 minutes ago, CitizenJ said:

My Chinese wife is an American green card holder. She and I visited China about 2 years ago but haven't been able to return since then because of the pandemic. My wife misses her parents as she obviously hasn't been able to see them during this time and really wants to bring them over to America for a visit. As far as we're both aware though, Chinese citizens who don't have American citizenship or an American green card (like my wife's parents) are banned from entering America for the time being. I understand that this is because of the pandemic but since my wife's parents have a family member who is an American green card holder, would there be any exception to the ban? Would it be possible for her parents to get a tourist visa?

 

Or would the only alternative be for my wife to get American citizenship herself and then apply to bring them over here? She doesn't want to get citizenship and has even weighed the option of canceling her green card down the line so is hoping she wouldn't have to go down this route. 

 

I've searched online and haven't been able to find anything that addresses this kind of specific situation. Would anyone here be able to enlighten me / point me in the right direction?

 

Thanks

So the Chinese mom didn't die after all?

[SusieQQQ 11,587]

36 minutes ago, Jorgedig said:

So the Chinese mom didn't die after all?

!!!

Edited August 22, 2021 by SusieQQQ

[CitizenJ 5]

1 hour ago, HRQX said:

 

If he somehow gets a US tourist visa then he would need to go to an unrestricted country (like Ecuador) for 14 days and then travel directly from the unrestricted country to the US.

 

They still have that rule? That's insane considering China has virtually no COVID-19 cases...especially when compared to the US. I know that didn't used to be the case which is why they made that rule in the first place but it's insane that they haven't changed it yet. Is there any reason for that?

[CitizenJ 5]

1 hour ago, Jorgedig said:

So the Chinese mom didn't die after all?

 

1 hour ago, Boiler said:

Her father remarried?

 

Haha no. I 100% forgot that I made this thread a year ago so was attempting to make a new thread asking how my wife and I could bring my wife's father to America. I didn't want to bother going into detail about his wife dying / why my wife was only trying to bring her father over so I just referred to her father as "her parents". After I created the thread, the mods merged it with this thread that I made a year ago (and had forgotten about). I can't believe it's already been a year since his wife died...

 

My wife and I have a 3 and a half year old daughter that my wife's dad hasn't seen for almost 2 years now. If we knew restrictions would end soon, we'd just wait it out but, at the rate things are going, it could be years before things get back to normal. My wife feels horrible because her father is missing his only granddaughter growing up and is stuck in China all alone. We would go over there but the quarantining process over there is completely insane. They make you quarantine in a hotel for 2 weeks and, after that, they lock you in your apartment for another 2 weeks. I could actually deal with that but by far the worst part is that, EVERYDAY you're in quarantine, the workers there will shove a tube into your nasal cavity AND a tube up your butt. I couldn't even imaging personally going through that everyday much less watching my 3 year old go through it.

 

Another thing we were thinking about is getting my wife pregnant which might allow my wife's father to be brought over on an emergency visa (correct?).

Edited August 22, 2021 by CitizenJ

[HRQX 4,145]

23 minutes ago, CitizenJ said:

Is there any reason for that?

It's because only the President can end the Proclamation: https://www.federalregister.gov/documents/2020/02/05/2020-02424/suspension-of-entry-as-immigrants-and-nonimmigrants-of-persons-who-pose-a-risk-of-transmitting-2019 "This proclamation shall remain in effect until terminated by the President."

 

Per the Proclamation, DOS could grant a National Interest Exception (NIE) but that is extremely rare for a B-2 visa.

Travelers who believe their travel is within one of the below categories should consult the website of the nearest embassy or consulate for instructions on applying for an NIE.

• certain exchange visitors as detailed within this article;
• exchange students and academics (certain J visas to include those in the professor, research scholar, short-term scholar, or specialist categories);
• new or returning students and academics present in China, Brazil, Iran, South Africa, or India may arrive no earlier than 30 days before the start of an academic program beginning August 1, 2021 or after;
• Educational Commission for Foreign Medical Graduates  (ECFMG) J visa program participants;
• journalists (I visas);
• travelers providing executive direction or vital support for critical infrastructure sectors, or directly linked supply chains, as outlined at https://www.cisa.gov/critical-infrastructure-sectors;
• travelers providing vital support or executive direction for significant economic activity in the United States
• pilots and aircrew traveling for training or aircraft pickup, delivery, or maintenance;
• those whose purpose of travel falls within one of these categories:
  • lifesaving medical treatment for the principal applicant and accompanying close family members
  • public health for those travelling to alleviate the effects of the COVID-19 pandemic, or to continue ongoing research in an area with substantial public health benefit (e.g., cancer or communicable disease research)
  • humanitarian travel, to include those providing care for a U.S. citizen, lawful permanent resident, or other nonimmigrant-in-lawful-status close family member
  • medical escorts, legal guardians, or other escorts required by an airline or legally required by a foreign medical or law enforcement entity accompanying a U.S. citizen being repatriated to the United States;
  • national security; and
  • derivative family members accompanying or following to join a noncitizen who has been granted or would be reasonably expected to receive a National Interest Exception (NIE), or is not otherwise subject to the Proclamations and who is engaging in certain types of long-term employment, studies, or research lasting four weeks or more.
• Temporary workers present in South Africa whose travel is essential to food supply chain (H-2A and certain H-2B visas) are excepted travelers as described in this article.

 

A general NIE is why parents that have a IR-5 immigrant visa can now travel directly to the US: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/covid-19-travel-restrictions-and-exceptions.html

These three categories of travelers are automatically considered for National Interest Exception (NIE) at the Port of Entry and do not require advance approval of a NIE from an embassy or consulate.

• immigrants of all categories (not applicable to Proclamation 10199, which only covers nonimmigrant travel);
• fiancé(e)s of U.S. citizens and their dependents (K visas);
• Students (F and M visas) as described here;
• New or returning students present in China, Brazil, Iran, South Africa, or India may arrive  no earlier than 30 days before the start of an academic program beginning August 1, 2021 or after, including optional practical training (OPT);

Edited August 22, 2021 by HRQX

[CitizenJ 5]

6 minutes ago, HRQX said:

It's because only the President can end the Proclamation: https://www.federalregister.gov/documents/2020/02/05/2020-02424/suspension-of-entry-as-immigrants-and-nonimmigrants-of-persons-who-pose-a-risk-of-transmitting-2019 "This proclamation shall remain in effect until terminated by the President."

 

 

 

What's the reason he hasn't ended it though? I mean, what's the reason he hasn't ended the practice of Chinese people being more scrutinized than any other nationality?

[SusieQQQ 11,587]

36 minutes ago, CitizenJ said:

Another thing we were thinking about is getting my wife pregnant which might allow my wife's father to be brought over on an emergency visa (correct?).

Are you serious? Having a baby to try get a tourist visa …for a reason that wouldn’t work anyway. Jeez.

[SusieQQQ 11,587]

21 minutes ago, CitizenJ said:

 

What's the reason he hasn't ended it though? I mean, what's the reason he hasn't ended the practice of Chinese people being more scrutinized than any other nationality?

They’re not “more than any other nationality”.There are a bunch of proclamations like that, including every country in the schengen area.

[HRQX 4,145]

1 hour ago, CitizenJ said:

Chinese people being more scrutinized than any other nationality?

China is no longer the only country. There are now 32 other countries with a regional COVID ban: Iran, India, the United Kingdom, Ireland, Brazil, South Africa, Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

1 hour ago, CitizenJ said:

What's the reason he hasn't ended it though?

Politics, basically. In January 2021 President Trump had put a set date of reducing the list to just mainland China and Iran (*note that these 2 historically have the worst relations with the US when compared to the rest of the countries in the above list), but President Biden reversed that decision and eventually also added South Africa and India:

• https://www.federalregister.gov/documents/2021/01/28/2021-02024/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of
• https://www.federalregister.gov/documents/2021/05/06/2021-09711/suspension-of-entry-as-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting

 

Also, it's technically not based on nationality. It's based on being "physically present in any of 33 countries during the 14-day period preceding their entry or attempted entry into the United States." https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/covid-19-travel-restrictions-and-exceptions.html

Edited August 22, 2021 by HRQX

[CitizenJ 5]

55 minutes ago, HRQX said:

China is no longer the only country. There are now 32 other countries with a regional COVID ban: Iran, India, the United Kingdom, Ireland, Brazil, South Africa, Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Politics, basically. In January 2021 President Trump had put a set date of reducing the list to just mainland China and Iran (*note that these 2 historically have the worst relations with the US when compared to the rest of the countries in the above list), but President Biden reversed that decision and eventually also added South Africa and India:

• https://www.federalregister.gov/documents/2021/01/28/2021-02024/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of
• https://www.federalregister.gov/documents/2021/05/06/2021-09711/suspension-of-entry-as-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting

 

Also, it's technically not based on nationality. It's based on being "physically present in any of 33 countries during the 14-day period preceding their entry or attempted entry into the United States." https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/covid-19-travel-restrictions-and-exceptions.html

 

Why would President Biden reverse that decision? Just fear of the virus or something more?

 

Oh I see. Interesting. Earlier you mentioned Ecuador not being on the list - which is strange considering that they have more daily cases than some of the countries that are on the list...what the heck, Liechtenstein? No Russia? No Argentina? No Turkey? Who made this list? What were the qualifications for being added to it? Apparently not new daily case counts...

Edited August 22, 2021 by CitizenJ