can B1 visa travels with IR1 parent?

[ricewanted 3]

Hi there, my brother has a B1/2 visa last year due to Covid situation not improved, he postponed his travel. His visa expires July 2021. Can he still renew if it expires w/o traveling?
At recently, I petitioned my father for IR1. His IR1 visa expires 2022.

 

I had a plan to travel back to accompany my father to US sometimes before Christmas this year. But my father didn't want me to waste $ flying back to pickup him. He asked my brother to travels with him to US in May/June.

I did not file any i130 petition for my brother, he doesn't have intention to live in USA (racism toward Asians getting worse he said).

Would his trip traveling with my father in May/June have any negative consequence?   <--- at port of Entry. If so, what would be the most appropriate steps?

 

Thank you.

Edited March 31, 2021 by ricewanted

[HRQX 4,145]

22 minutes ago, ricewanted said:

Would his trip traveling with my father in May/June have any negative consequence?   <--- at port of Entry

Not an inherent issue. He travels to the US with the tourist visa (and proof of return flight, ties back home, etc.) and if admitted CBP determines the I-94 end date which will be different than the visa expiration date. The date that matters once admitted is the I-94 date. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date.html

[SusieQQQ 11,586]

26 minutes ago, ricewanted said:

At recently, I petitioned my father for IR1. His IR1 visa expires 2022.

This doesn’t make sense? Parent visas are IR5, and immigrant visas have a maximum validity of 6 months.

[Chancy 6,241]

25 minutes ago, ricewanted said:

my brother has a B1/2 visa last year due to Covid situation not improved, he postponed his travel. His visa expires July 2021. Can he still renew if it expires w/o traveling?

 

Yes, your brother may apply to renew his B1/B2 visa even if it was never used.  Like the first time he applied, approval is not guaranteed and mostly depends on his ties to home country as documented in his DS-160 form.

 

[ricewanted 3]

5 minutes ago, SusieQQQ said:

This doesn’t make sense? Parent visas are IR5, and immigrant visas have a maximum validity of 6 months.

I don't even know. He just got his interview done. I haven't look, and assume it is 1 year too. Maybe the plan will changes sooner.

[SusieQQQ 11,586]

Just now, ricewanted said:

I don't even know. He just got his interview done. I haven't look, and assume it is 1 year too. Maybe the plan will changes sooner.

No, it is not one year. Immigrant visas are limited to the validity of the medical exam, which is 6 months.

[ricewanted 3]

27 minutes ago, SusieQQQ said:

No, it is not one year. Immigrant visas are limited to the validity of the medical exam, which is 6 months.

Thank you. It is not important at this point. 

 

Would you have any knowledge about Port of Entry question? Thanks

[Zoeeeeeee 797]

I'm no expert...but I would imagine that your brother traveling on his non-immigrant visa with your father, on an immigrant visa, could possibly raise an eyebrow or two at the port of entry? I mean, if his sibling already lives here (you) and his father is moving here...I guess he may need some really strong ties back home to demonstrate why life in Vietnam is preferable to life in the US with his family members...

 

Again, I'm no expert (and no one can really predict what a border patrol guard may or may not decide to focus on)...but I'm guessing that what your concern is too, based on your question?

[SusieQQQ 11,586]

1 hour ago, ricewanted said:

Thank you. It is not important at this point. 

 

Would you have any knowledge about Port of Entry question? Thanks

It will all depend on your brother’s ties to home. “I am accompanying my father on his move but I have a house, family and good job back home” is very different to “I am accompanying my father on his trip but I have no job or anything to go home to”. Your brother presumably does have some ties to home to show to get granted a B visa in the first place, he should if possible bring some proof of those in case he gets asked questions on entry. 

[SalishSea 17,832]

3 hours ago, ricewanted said:

Thank you. It is not important at this point. 

 

Would you have any knowledge about Port of Entry question? Thanks

Really?  Because if it expires, and he tries to travel, he will not be able to.  That's kinda important.

 

As for POE questions, your brother must tell the truth.   There is no gaming the system by trying to find out what other people have been asked.

[SteveInBostonI130 3,454]

12 hours ago, ricewanted said:

I had a plan to travel back to accompany my father to US sometimes before Christmas this year. But my father didn't want me to waste $ flying back to pickup him. He asked my brother to travels with him to US in May/June.

Hi,

 

If you originally had plans for your father to travel before Christmas, then I assume your father had his IR5 visa around then.  Then his medical would have been done in Nov or Dec.

 

If his medical was in Nov, his visa will expire in May 2021.  If you are arranging for him to fly in June, that will be too late.  Depending on the date, May could be too late as well.

 

Contact your father and ask him for the expiration date on his visa, or ask him to send you a photo of it.  It is very important.

[JKLSemicolon 413]

See the attachment for things that your brother could bring with him to show at the POE.

CBP.Evidence.of.ties.to.home.country.pdf