B1/B2 Renewal Denied, Can MIL enter with current valid B1/B2

[aaron2020 11,651]

Her B1/B2 renewal was denied for immigrant intent.  Highly doubtful that she would be allowed entry into the US after a visa denial for immigrant intent.

 

 

[AJ2019 58]

Actually, it’s far from intent to immigrant or adjust. Her husband (FIL) and her other married son, his wife and grandson live with her in Kuwait in same household. FIL, married son and his wife have jobs there. MIL is housewife, and doesn’t know much English.  All of their visitor visas got approved these past months. Regarding adjusting status, it wouldn’t be possible because my husband who would be her sponsor has only been GC holder for a year and some days now. Still a longgggg while before adjusting status even becomes a possibility. In addition, MIL doesn’t want to travel or live without FIL even for a couple days. 

[Crazy Cat 41,837]

2 hours ago, AJ2019 said:

Actually, it’s far from intent to immigrant or adjust. Her husband (FIL) and her other married son, his wife and grandson live with her in Kuwait in same household. FIL, married son and his wife have jobs there. MIL is housewife, and doesn’t know much English.  All of their visitor visas got approved these past months. Regarding adjusting status, it wouldn’t be possible because my husband who would be her sponsor has only been GC holder for a year and some days now. Still a longgggg while before adjusting status even becomes a possibility. In addition, MIL doesn’t want to travel or live without FIL even for a couple days. 

People come to the US, overstay their I-94, then live here illegally and wait until their child becomes a US citizen.  It happens more than people might think.  Consulate Officers and CBP know this.  By law, anyone who requests a tourist visa is automatically assumed to have immigrant intent.  If her situation changes, she is free to re-apply per DOS:

 

 https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html#:~:text=If you are refused a,you applied for%3B and%2For&text=(H-1B and L visa,are excluded from this requirement.)

 

Is a refusal under section 214(b) permanent?

No. A refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview. Review the website of the U.S. Embassy or Consulate where you plan to reapply to learn about any reapplication procedures.

Edited January 5, 2022 by Crazy Cat

[Timona 4,207]

22 hours ago, AJ2019 said:

Question/Situation, my mother-in-law recently got her visitor visa renewal application denied. The CBP officer didn’t cancel her current valid visitor visa. Could she still come to visit us until her visa expiry date?

 

 

What's your legal status? Are you USC or LPR?

 

[AJ2019 58]

23 minutes ago, Timona said:

 

What's your legal status? Are you USC or LPR?

 

USC

[AJ2019 58]

3 hours ago, Crazy Cat said:

People come to the US, overstay their I-94, then live here illegally and wait until their child becomes a US citizen.  It happens more than people might think.  Consulate Officers and CBP know this.  By law, anyone who requests a tourist visa is automatically assumed to have immigrant intent.  If her situation changes, she is free to re-apply per DOS:

 

 https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-denials.html#:~:text=If you are refused a,you applied for%3B and%2For&text=(H-1B and L visa,are excluded from this requirement.)

 

Is a refusal under section 214(b) permanent?

No. A refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview. Review the website of the U.S. Embassy or Consulate where you plan to reapply to learn about any reapplication procedures.

Ahh, I was hoping for it to be a different case because she has significant ties overseas. And she has a couple medical procedures scheduled there as well. But thank you for clarifying. My inquiry was more to find out if anyone was in this situation before and their results. We are going to try to reach out to embassy and find out what her current status is, and hopefully they can let us know if she can visit us in February. 

Edited January 5, 2022 by AJ2019

[Timona 4,207]

8 minutes ago, AJ2019 said:

USC

 

There goes your answer. She will face scrutiny that she wants to stay and adjust. 

 

If you will apply for her GC some times later, I would suggest you start it now as she is going to have it difficult passing CBP. Maybe even that B1/B2 was electronically voided as someone already mentioned. 

 

Edited January 5, 2022 by Timona

[AJ2019 58]

1 hour ago, Timona said:

 

There goes your answer. She will face scrutiny that she wants to stay and adjust. 

 

If you will apply for her GC some times later, I would suggest you start it now as she is going to have it difficult passing CBP. Maybe even that B1/B2 was electronically voided as someone already mentioned. 

 

Sorry, if I misspoke. She is my mother in law not biological mother, her son, my husband, is a conditional green card holder as of April 2021 (I think I mentioned one year before, and was in error. He received his EAD Jan. 2021). As far as I know, as a GC holder he cannot sponsor her until he’s a citizen. I, as a daughter in law, USC, do not qualify to petition for her - at least from what I heard. So, I think the earliest we can apply for her GC, given the current time frames, will probably be in 3-4 years. Jan 2024 is the earliest when we would be able apply for his citizenship. I’m assuming it takes a year, but it’s anyone guess, I suppose. 
 

Btw, at that time we would be petitioning both of his parents. The baffling part for us is that does FIL get his visa renewal approved (a couple months ago) and MIL doesn’t and they are husband and wife and live in same house. 🧐. If intent to immigrate based on familiar relationship, it should apply equally to both parents, I would assume, not one over the other, which makes the decision arbitrary imo.  

Edited January 5, 2022 by AJ2019

[millefleur 5,046]

23 minutes ago, AJ2019 said:

The baffling part for us is that does FIL get his visa renewal approved (a couple months ago) and MIL doesn’t and they are husband and wife and live in same house. 🧐

It's very odd. Did you just have a baby recently? Or did she mention childcare at her renewal interview (if you have children)? MIL's taking care of grandchildren has been a reason for B denials in the past. Just trying to see if that might be a factor here.

[AJ2019 58]

22 hours ago, millefleur said:

It's very odd. Did you just have a baby recently? Or did she mention childcare at her renewal interview (if you have children)? MIL's taking care of grandchildren has been a reason for B denials in the past. Just trying to see if that might be a factor here.

Actually not yet ... we finally had our wedding ceremony set for Feb. 2022 (the court wedding took place 2 years ago actually, but had already invested a lot of money into the ceremony,\) - the main motivator to seek for some answer or resolution to this conundrum because it's about 6 weeks away 😕 

Edited January 6, 2022 by AJ2019