Enter US on b1/b2 visa from China

[J&Y 39]

Hi all, 

 

Looking to get some advice on how to bring my daughter (4 yo, US Citizen) and my mother-in-law (Chinese citizen on b1/b2 Visa) back into the US. 

 

So last year we went to China together for Chinese new year, and I came back to the US myself right before the US-China travel ban took place on 2/2/2020. The plan was for my daughter to stay in China with my mother-in-law for a few months, and then they will fly back to US together. As we all know... things didn't go as planned, and my daughter is still in China now. 

 

According to the proclamation, aliens from China cannot enter. https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-persons-pose-risk-transmitting-2019-novel-coronavirus/

"Sec. 2.  Scope of Suspension and Limitation on Entry.

(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;"

But I think this exception could apply for us, however I am not sure how I can make my mother-in-law to be the legal guardian of my daughter, will that have to involve the court, and is it even possible now that both of them are out of the country now?

 

The other option would be for them to go to a third country for two weeks prior to entering US, but that is less ideal, as it is going to be very hard for my mother in law to be in a foreign country with a child, and does not speak any English..

 

We are also waiting to see if the President-elect will lift the ban somehow... 

 

Any advice is appreciated, thank you in advance. 💟 

[Chancy 6,241]

8 minutes ago, J&Y said:

The other option would be for them to go to a third country for two weeks prior to entering US, but that is less ideal, as it is going to be very hard for my mother in law to be in a foreign country with a child, and does not speak any English..

 

Hong Kong and Macau are not included in the travel ban.  Are there any applicable travel restrictions for your MIL or daughter to go there?  If not, maybe your MIL won't mind vacationing in either of those places for 2 weeks before flying to the US?

 

Edited January 9, 2021 by Chancy

[Mike E 11,739]

I’ve done many connections in Hong Kong where I arrive in the morning and then wait all day for my flight.  Sometimes I just stay in the airport.  
 

I’d look at the grandmother and grand child booking a round trip from China to a country where Chinese and Americans can visit through a third country like Hong Kong.  Then also book a same day one way flight for the grand mother from HK back to China.  And a same day one way flight for the child to the USA.  
 

The mother then books a nonstop flight to Hong Kong at arrives in a morning with a return later that day to the USA. The return flight is the same as the flight the child uses. 
 

Mom arrives in Hong Kong and gets her boarding pass from the transit desk and never goes through HK immigration.  Mom then tells grandma that she is in HK, and tells her to take the flight to HK.  
 

Grandma and grand daughter arrive in HK and meet mom at the airline transit desk.  Grandma gets her boarding pass for China.  Mom gets her daughter’s boarding pass for the USA.  All three go through security. Then they wait for their flights to China and the USA.  
 

no checked  bags of course.
 

yes the grand daughter and grand ma  are throwing away the tickets to the third country 

Edited January 9, 2021 by Mike E

[aaron2020 11,651]

Grandma can not enter the US.

 

There's no practical way to get a court to grant guardianship to Grandma since the child regularly resides in the US and no way for Grandma to show up in court.

Your choices are to go pick up your child in China or meet Grandma in a third country to pick up your child.  

[SusieQQQ 11,586]

Unclear if you want grandma to just escort the child back or if you actually want her to visit. Different solutions for different issues. 

[J&Y 39]

2 hours ago, Chancy said:

 

Hong Kong and Macau are not included in the travel ban.  Are there any applicable travel restrictions for your MIL or daughter to go there?  If not, maybe your MIL won't mind vacationing in either of those places for 2 weeks before flying to the US?

 

Thanks Chancy, we haven't thought about Macau but that sounds like a good idea, I will look into it! 

 

Thanks Mike, Aaron & Susie, our intention is for both my MIL and my daughter to enter the US. 

 

Since I am US Citizen, I cannot enter China due to China's travel ban, so we have also thought about me going to maybe like Thailand, and have my MIL and daughter also fly to Thailand and we all stay there for two weeks then fly back to US. 

 

[aaron2020 11,651]

Thailand is not open to regular tourists.  

Doesn't your child have a Chinese citizen parent?

Edited January 10, 2021 by aaron2020

[Mike E 11,739]

16 hours ago, J&Y said:

Thanks Chancy, we haven't thought about Macau but that sounds like a good idea, I will look into it! 

 

Thanks Mike, Aaron & Susie, our intention is for both my MIL and my daughter to enter the US. 

 

 

 

The requirements you have  are misaligned with the constraints (COVID and MIL’s lack of English proficiency).  
 

There are but a handful of countries where someone who speaks only Chinese would be comfortable.  And based on 

 

https://en.m.wikipedia.org/wiki/Travel_restrictions_related_to_the_COVID-19_pandemic

 

 all of  them have COVID restrictions for someone traveling from China. Thailand is out.  The Thai government was making plans to allow tourism again with preflight and post flight COVID testing and quarantine.  But then there was a spike in infections.    
 

 

[J&Y 39]

9 hours ago, Mike E said:

 

The requirements you have  are misaligned with the constraints (COVID and MIL’s lack of English proficiency).  
 

There are but a handful of countries where someone who speaks only Chinese would be comfortable.  And based on 

 

https://en.m.wikipedia.org/wiki/Travel_restrictions_related_to_the_COVID-19_pandemic

 

 all of  them have COVID restrictions for someone traveling from China. Thailand is out.  The Thai government was making plans to allow tourism again with preflight and post flight COVID testing and quarantine.  But then there was a spike in infections.    
 

 

Thanks Mike, our options are very very limited... so wanted to come on here to pick some brains  

 

23 hours ago, aaron2020 said:

Thailand is not open to regular tourists.  

Doesn't your child have a Chinese citizen parent?

Yes, my husband is, but we are looking at two weeks mandatory quarantine, he is not allowed to take that many days off from work right now. But either way, I still need my MIL to come through. 

 

Thanks all for the suggestions, we tried 🙂