B-2 EXTENSION APPROVED DESPITE POOR INITIAL FILING

• Nationality: China
• Case: B-2 Extension
• Processing Time: 1 week
• Approval Time: 2 months
• Challenges:
  1. Client had a history of applying and receiving different immigration visas
  2. Client was attempting to get a B-2 extension after already receiving his EB-1A.
  3. We only had 1-week to respond to the RFE
  4. Outside firm created issues with his initial filing

BACKGROUND

Mr. Yang was a hard-working individual. He not only was an industry leader in logistics in China, but he was a designer of systems that revolutionized the efficiency of logistics for the majority of China. After years of hard work, Mr. Yang decided to take a vacation to the U.S. to sightsee, as well as use this time for Mrs. Yang to receive medical treatment for her respiratory illness. Mr. Yang obtained a B-2 visa and arrived in the United States with his family, where they visited the country’s National Parks and along the way breathed the fresh air, a natural remedy for Mrs. Yang’s respiratory issues. Along with seeing the Sequoia Redwoods and the Grand Canyon, what Mr. Yang also saw was a hole in the United States’ logistics market that his software could easily fill. Inspired, but unable to work under the B-2 visa, Mr. Yang went to an attorney to obtain a visa that would legally allow him to work and expand his software to the United States.

His initial attorney advised Mr. Yang to file an EB-1A visa, and his case was later approved. However, the waiting period for his EB-1A visa was two years, precious time that Mr. Yang could not afford to lose given the fact that the logistics market was constantly changing and evolving. In the middle of this dilemma, Mr. Yang discovered that his initial B-2 tourist visa was soon set to expire. Mr. Yang contacted his attorney and was advised that a simple form would need to be filled out and sent to USCIS. Unfortunately, after his attorney filed the B-2 extension, what Mr. Yang received was not an approval, but a Request for Evidence (RFE) instead! Frustrated by the firm’s poor quality of work and worried that his wife’s respiratory illness would deteriorate if they had to return back to China before their B-2 extension was approved, Mr. Yang sought out a different attorney. He ended up contacting Tsang & Associates, and with only one week to respond to the RFE, we started working.

KEYS TO SUCCESS

When we reviewed the RFE, we found out that the previous firm had not submitted a reason for why Mr. Yang wanted to extend his stay, which was an integral part of any B-2 extension application. Their entire filing consisted of a cookie-cutter form and lacked basic information that the case officer would need when considering a B-2 extension. In fact, it is far better to not file at all than it is to file a poor application, with the latter being much harder for the applicant to recover from. With that in mind, and also taking into account Mr. Yang’s history of obtaining various immigration visas in the past, his B-2 extension was on very brittle life support.

Luckily for Mr. Yang, Tsang & Associates has plenty years of experience working on difficult B-2 visas and B-2 extensions. We knew that if we attempted to submit a highly complicated package of B-2 documentation in front of a case officer, the case would likely get denied. To combat this, we decided not to focus on Mr. Yang’s pending EB-1A status in his B-2 extension, knowing that this would only serve to confuse the officer. Instead, we filed his case with a focus on his ill wife, explaining that if they returned to China, the environmental changes and poor quality of air in China would greatly exacerbate her respiratory illness.

We further argued that it would not be reasonable or fair for his wife to endure a rough, and potentially longer, recovery in China. Not only would this cause emotional hardship with their son, but the added stress in her life would be counter-intuitive to her recovery. The B-2 extension, we argued, would serve Mr. Yang and his family well by allowing Mrs. Yang to receive medical treatment in the U.S and properly recover. Meanwhile, Mr. Yang’s successful logistics business in China would financially support him and his family during their extended stay in the U.S., and it would also show that he had strong ties to his home country, a key factor that officers look for in reviewing B-2 cases.

OUTCOME

For one week, we worked tireless to prepare Mr. Yang’s case and respond to the RFE. Anxiously waiting, Mr. Yang received his B-2 extension approval two months later! Shortly after, we helped Mr. Yang file, and get approved, for an O-1 visa. While we were thrilled at being able to help Mr. Yang, we were also ecstatic knowing that his wife and child were taken care of as well. Now, Mr. Yang and his family can legally remain in the U.S. while his wife recovers, and afterwards, Mr. Yang will use his O-1 to cover the period until his EB-1A is fully processed. Though Mr. Yang’s plan was murky in the beginning, he can now be at peace knowing that he has a clear and definitive path to remain in the U.S.

*Name has been changed to protect client identity