Parents I-130 deneid can they uese old valid B-2 to come back to USA

[IFI 0]

Hi guys need urgent HELP. This is my first time on any postings but will appreciate help.

My parents have been here many times on B-2. Got the present B-2 two years ago but entered USA in April 2007.

I applied for their I-130/I-485 after convincing them and got their AP and they left USA for an emergency.

As soon as they went out USCIS denied their AP+I-130+I-485 because they couldn't get my birth certificate in a foreign language when I replied their RFE stating that I have it in English language only. Since the entered USA on a B-2 and left the country within 6 months and handed over their B-2 I-94 while exiting.

Can they come back using the OLD B-2?

Does I-130/I-485 process kill/cancel B-2?

Can POE officer deny their entry? what are the chances?

Motion to reopen I heard takes for ever. Lawyers suggested counsler process instead, but what if they come on a B-2?

I will HIGHLY appreciate comments and good help.

[IFI 0]

Somebody help please with the topic?

[KPY 0]

Hi guys need urgent HELP. This is my first time on any postings but will appreciate help.

My parents have been here many times on B-2. Got the present B-2 two years ago but entered USA in April 2007.

I applied for their I-130/I-485 after convincing them and got their AP and they left USA for an emergency.

As soon as they went out USCIS denied their AP+I-130+I-485 because they couldn't get my birth certificate in a foreign language when I replied their RFE stating that I have it in English language only. Since the entered USA on a B-2 and left the country within 6 months and handed over their B-2 I-94 while exiting.

Can they come back using the OLD B-2?

Does I-130/I-485 process kill/cancel B-2?

Can POE officer deny their entry? what are the chances?

Motion to reopen I heard takes for ever. Lawyers suggested counsler process instead, but what if they come on a B-2?

I will HIGHLY appreciate comments and good help.

This is just my opinion, but I do believe once the I-130/I-485 has been filed and DENIED, it has potentially killed the B2 status forever because the POE immediately suspect your parents are false pretense as tourist.

It looks as if the basis of their denial is because you failed to satisfy their RFE. Perhaps you can re-open the case once you've satisfy their RFE. I find it odd that they want a foreign language birth cert since you already provided a English Language one.

[desert_fox 32]

If you are a US Citizen, why do they need your foreign birth certificate in its original language??

How did you become a US citizen without it??

Do you have a naturalization certificate??

You left a lot of holes in your orig. post.

[IFI 0]

If you are a US Citizen, why do they need your foreign birth certificate in its original language??

How did you become a US citizen without it??

Do you have a naturalization certificate??

You left a lot of holes in your orig. post.

Well I became a US citizen while in USA and I provided them my English birth certifcate and they accepted it. They denied the case stating that "you provided us a translation of the birth certificate but not the original one in the foreign language as we requested". Its a shame but that is how the officer thought at the time of decision.

My lawyer told me that MTR is good but will take longer as there is no time frame for it. The best way is to do counsler process or bring them here and re do the application.

Will a closed I-130/485 affect a B-2, are they releated to each other? A help will be appreciated.

Thx for you response.

[jula 0]

Lawyers suggested counsler process instead, but what if they come on a B-2?

Go with the lawyers' advice.

Your parents showed immigrant intent. If they were able to re-enter the USA on B visas, and file for adjustment of status again, how would anybody convince USCIS that they did not have an immigrant intent when they entered?

Edited November 14, 2007 by jula

[Chris Parker 11]

As soon as they went out USCIS denied their AP+I-130+I-485 because they couldn't get my birth certificate in a foreign language when I replied their RFE stating that I have it in English language only. Since the entered USA on a B-2 and left the country within 6 months and handed over their B-2 I-94 while exiting.

I think the denial is for the I-130/I-485 only. It is really only an administrative denial, not a denial on the merits.

As such, they should still be able to re-enter the U.S. with the advance parole and re-file I-130/I-485 while on the 1-year paroled status. In fact, I've almost done this: missed adjustment interview, left the U.S., returned with AP, re-filed I-485 after return, original I-485 then denied, re-file I-485 then approved.

The Advance Parole was specifically granted to allow them to "resume adjustment of status," and that includes permission to enter in order to renew the previously filed adjustment application for reasons like this. I would not try to use the B2 visa to re-enter the U.S., you'll get into a lot more hot water with that one (i.e. attempted fraudulent entry, visa misuse, admission denied, etc.).

Edited November 14, 2007 by Chris Parker

[Chris Parker 11]

If you are a US Citizen, why do they need your foreign birth certificate in its original language??

How did you become a US citizen without it??

Do you have a naturalization certificate??

You left a lot of holes in your orig. post.

No holes... sounds indeed like he is naturalized citizen and is petitioning for his parents. His naturalization certificate is proof of citizenship, but his foreign birth certificate is also needed to prove his relationship to his parents who are the beneficiaries.

Edited November 14, 2007 by Chris Parker

[IFI 0]

As soon as they went out USCIS denied their AP+I-130+I-485 because they couldn't get my birth certificate in a foreign language when I replied their RFE stating that I have it in English language only. Since the entered USA on a B-2 and left the country within 6 months and handed over their B-2 I-94 while exiting.

I think the denial is for the I-130/I-485 only. It is really only an administrative denial, not a denial on the merits.

As such, they should still be able to re-enter the U.S. with the advance parole and re-file I-130/I-485 while on the 1-year paroled status. In fact, I've almost done this: missed adjustment interview, left the U.S., returned with AP, re-filed I-485 after return, original I-485 then denied, re-file I-485 then approved.

The Advance Parole was specifically granted to allow them to "resume adjustment of status," and that includes permission to enter in order to renew the previously filed adjustment application for reasons like this. I would not try to use the B2 visa to re-enter the U.S., you'll get into a lot more hot water with that one (i.e. attempted fraudulent entry, visa misuse, admission denied, etc.).

Thx Chris,

Actually the I-130/I-485 denial papaer clearly states that your AP and EAD is cancelled with immediate affect.

If I do motion to reopen it might take more than a year while new counslear process might be faster for parents.

But how long does the I-130 takes to get approved from Vermont. Also since the AP was cancelled I was advised not to bring them to USA on the paper. Man such a confusion and distress.

[Boiler 45,557]

Not sure about the AP, not enough to make a sensible comment.

But on the B2, if they intend to immigrate then like others have said the B@ route is a no goer. They may have issues persuading a POE Oficer that they have non immigrant intent.

Just wondering did you not get a RFE before the Denial?

[Chris Parker 11]

Actually the I-130/I-485 denial papaer clearly states that your AP and EAD is cancelled with immediate affect. Also since the AP was cancelled I was advised not to bring them to USA on the paper. Man such a confusion and distress.

Not sure if the message about the AP on the I-130/I-485 denial paper is legal advice or just a standard message that doesn't actually apply to all cases. I tend to think the latter. Nevertheless, since the beneficiaries are outside the U.S., they also haven't actually received the notice. They also aren't actually applying for admission when they arrive with an AP, just for parole pursuant to a preauthorization, so the inspecting officers have very little discretion in the matter.

For my experience, I'm telling you that I did get paroled with AP while the I-485 was pending denial for missing interview (almost the same type of denial as yours). The inspecting officers were unusually uptight and irritated and fumbling around a bit (or maybe that was just their work style that day), but the only question they finally asked (the only question really relevant to determining prima facie eligibility in our case) was, "how long have you been married?" We did not know we had missed the interview (nor in fact that we had actually missed it before departing the U.S.), nor did the officers at any point say anything to us during inspection about the status of the case. This was also under INS, before the agency was split into ICE, BCP, and USCIS (ICE/BCP actually knows less about pending cases than INS would have).

You can bring these thoughts to a lawyer if you want qualified advice (which might just wind up being conservative advice), but to answer your original questions, if you want them to try coming back other than through consular immigrant visa processing, the only potentially possible way is with the AP they already have as I see it.

From the I-131 instructions:

"Invalidation of Travel Document: Any travel document obtained by making a material false representation or concealment in this application will be invalid. A travel document will also be invalid if you are ordered removed or deported from the United States."

Neither appears to apply to your case as you have described the denial here to us, but remember that nothing here is legal advice either, and you alone are responsible for getting legal advice elsewhere if you feel you need it.

Edited November 14, 2007 by Chris Parker

[desert_fox 32]

From the I-131 instructions:

"Invalidation of Travel Document: Any travel document obtained by making a material false representation or concealment in this application will be invalid. A travel document will also be invalid if you are ordered removed or deported from the United States."

Neither appears to apply to your case as you have described the denial here to us, but remember that nothing here is legal advice either, and you alone are responsible for getting legal advice elsewhere if you feel you need it.

you miss the interview without trying to change the date, they cancel any EAD and AP at the same time. It goes into the computer immediately, and you cannot re-enter the US with a cancelled AP document. If you can get back in the US legally, you can start again with the new I-485 and it will be processed without prejudice to the fact that the first was cancelled.

[IFI 0]

Actually the I-130/I-485 denial papaer clearly states that your AP and EAD is cancelled with immediate affect. Also since the AP was cancelled I was advised not to bring them to USA on the paper. Man such a confusion and distress.

Not sure if the message about the AP on the I-130/I-485 denial paper is legal advice or just a standard message that doesn't actually apply to all cases. I tend to think the latter. Nevertheless, since the beneficiaries are outside the U.S., they also haven't actually received the notice. They also aren't actually applying for admission when they arrive with an AP, just for parole pursuant to a preauthorization, so the inspecting officers have very little discretion in the matter.

For my experience, I'm telling you that I did get paroled with AP while the I-485 was pending denial for missing interview (almost the same type of denial as yours). The inspecting officers were unusually uptight and irritated and fumbling around a bit (or maybe that was just their work style that day), but the only question they finally asked (the only question really relevant to determining prima facie eligibility in our case) was, "how long have you been married?" We did not know we had missed the interview (nor in fact that we had actually missed it before departing the U.S.), nor did the officers at any point say anything to us during inspection about the status of the case. This was also under INS, before the agency was split into ICE, BCP, and USCIS (ICE/BCP actually knows less about pending cases than INS would have).

You can bring these thoughts to a lawyer if you want qualified advice (which might just wind up being conservative advice), but to answer your original questions, if you want them to try coming back other than through consular immigrant visa processing, the only potentially possible way is with the AP they already have as I see it.

From the I-131 instructions:

"Invalidation of Travel Document: Any travel document obtained by making a material false representation or concealment in this application will be invalid. A travel document will also be invalid if you are ordered removed or deported from the United States."

Neither appears to apply to your case as you have described the denial here to us, but remember that nothing here is legal advice either, and you alone are responsible for getting legal advice elsewhere if you feel you need it.

Thanks Chris,

I was kind of worried coz a lawyer told me that as soon as they stae that AP is cancelled it is in the database.

By the way how long does the CP take?

[Minya's wife 25]

Not sure about the AP, not enough to make a sensible comment.

But on the B2, if they intend to immigrate then like others have said the B@ route is a no goer. They may have issues persuading a POE Oficer that they have non immigrant intent.

Just wondering did you not get a RFE before the Denial?

I think the OP got an RFE

...As soon as they went out USCIS denied their AP+I-130+I-485 because they couldn't get my birth certificate in a foreign language when I replied their RFE stating that I have it in English language only...

I think the more applicable question is, why is the original BC (or copy of the original) not available? Did you explain that in your reply to the RFE?

Either way, I think you may have trouble using the original B2 visa to enter the US, as there is clearly intent to emigrate which is evidenced by the I-130+I-485 which was applied for.

Can you not re-apply for your parents, without their presence, as the original application(s) were denied because of 'missing' papers, not the merits of the case? You're free to re-appply.

Good luck,

-P

[IFI 0]

From the I-131 instructions:

"Invalidation of Travel Document: Any travel document obtained by making a material false representation or concealment in this application will be invalid. A travel document will also be invalid if you are ordered removed or deported from the United States."

Neither appears to apply to your case as you have described the denial here to us, but remember that nothing here is legal advice either, and you alone are responsible for getting legal advice elsewhere if you feel you need it.

you miss the interview without trying to change the date, they cancel any EAD and AP at the same time. It goes into the computer immediately, and you cannot re-enter the US with a cancelled AP document. If you can get back in the US legally, you can start again with the new I-485 and it will be processed without prejudice to the fact that the first was cancelled.

So you suggest tehy try on a B-2 visit visa? won't the intent change again? B-2 -> immigration -> B2. There is a chance that USCIS cancel again when they are here due to so many intents.

Let's say if I let the case close don't do the motion to reopen as it is time consuming, can the come on B-2?

They gave us only to appeal the I-130 motion to reopen was not the choice they gave us. On 485 USCIS is allowing motion to reopen but since they are out of the country I am afraid they will deny it again saying you are out of the country please to CP.

Is B-2 and immigration tied when one is a visa and the later is based on an alien number?