B1/B2 Entry Approval for 7 Days with Emergency Extension

Year: 2019
Nationality: Chinese
Applicant: Ms. Chang
Case: B-2 In-U.S. Extension Petition

timeline:
08/09/2019 Entry into the U.S. with B1/B2, entry is subject to CBP “black room” review, only allowed 7 days entry time
08/12/2019 Advisory Tsang & Associates Formal Engagement
08/15/2019 3 business days for expedited processing, ready for delivery
08/16/2019 7-day entry deadline, immigration intake
11/28/2019 USCIS approves extension request with no addendum

BACKGROUND
When Ms. Chang entered the U.S. on a B1/B2 visa, she was taken into a “dark room” for several hours and was given only seven days to enter the country.

Ms. Chang’s husband accompanied her into the U.S., but was also only allowed 7 days, and Ms. Chang was pregnant, lacked the binding force to return to her home country, and had obvious immigration tendencies.

If Ms. Chang’s B1/B2 extension is not approved, both she and her husband will be at risk of staying illegally and having difficulty in re-entering the country once they leave.

In August 2019, Ms. Chang, who was pregnant, entered the United States with her husband and was interrogated by customs officers upon entry, and then sent to a “dark room” for several hours, including being asked whether they were coming to the United States to have a baby. Once they arrived, they had to leave the country.

Ms. Chang did not get enough rest after the long flight, and spent hours in the “dark room” under high tension. Ms. Chang was unable to fly back to China within 7 days, so she found Tsang & Associates online and asked us to help her with her B-2 extension application.

KEYS TO SUCCESS
Ms. Chang’s case has a high risk factor. Although it is not explicitly prohibited by law to give birth to a child in the U.S. on a B1/B2 visa, many cases in the past have shown that such parents are likely to be denied a visa, face difficulties at customs or even be deported on the original plane, whether they reapply for a non-immigrant visa or enter the country on an existing visa.

Ms. Chang was pregnant at the time of entry and was suspected by customs of her intention to enter the country, which was recorded in the customs file. The letter of explanation issued by the attorney on behalf of the client was crucial, in addition to guiding the client on how to prepare the documents to support the points we made.

1. Necessity of B1/B2 extension
We put the need for the extension in the context of Ms. Chang’s unexpected health condition. Ms. Chang had planned a 2-week vacation to relax and unwind during her pregnancy, but she did not expect to be put in a “dark room” and not rested from the long flight. After entering the country, Ms. Chang felt quite uncomfortable and went to see a doctor at her own expense. The diagnosis certificate listed all her symptoms and gave her professional advice that she should not fly long distances in the short term and needed to nurture her baby.

We submitted a medical certificate and a doctor’s statement that Ms. Chang’s medical condition did not allow her to leave the country and fly back to China within a week, and that she needed more time to heal and recover.

2. No intention of returning to China has been abandoned
Ms. Chang’s husband entered the country with her, and the family aspect of her return is not very binding, but in the process of understanding the situation, we found that Ms. Chang’s financial aspect of her return is not weak at all. She is the owner of a start-up company, which is her heart and soul, and she has a house and a car in China and lives a generous life.

We submitted the company’s data and her personal assets to prove that Ms. Chang had no reason to give up her hard-earned career and good life and choose to stay in the United States illegally for a long time. In addition, we provided her and her husband with return tickets, emphasizing that she would return to China with her husband as soon as she recovered.

3. Description of financial support sources
How to prove that Ms. Chang has sufficient funds to pay for all of her expenses while in the United States is also critical to the case. This is especially important in light of Trump’s new policy, as immigration officers look for the use of U.S. public resources and benefits.

We submitted detailed hospital bills and medical insurance that Ms. Chang paid for herself, as well as bank statements for her and her husband, among other documents, proving that she was capable of being self-sufficient and would never take any U.S. benefits.

OUTCOME
On August 12, 2019, after Ms. Chang formally engaged us, Tsang & Associates responded quickly and expedited the preparation and delivery of all the documents and the attorney’s letter in only 3 days. 3 months later, she received a 6-month extension from the USCIS directly, with no additional documents. Ms. Chang knew that her case was very difficult and was afraid that the denial of her case would lead to overstaying and affect her and her husband’s subsequent trip to the United States. Therefore, she was very surprised to receive the good news and thanked us for giving her a great gift on Thanksgiving Day. As of press time, she also gave birth to her newborn baby in the hospital, and the mother and child are safe.

Lawyer Comments:
Ms. Chang’s case was rather unique, but with the help of a professional attorney, she was able to turn the danger into peace. If you have related problems, it is recommended to consult a professional lawyer for analysis and planning to avoid all kinds of negative consequences that may be caused by status problems. Zang’s experienced team has helped many clients and their families avoid the serious consequences of overstaying, and we have received three B1/B2 extensions successfully approved within one month. If you have any questions or needs in this area, please contact us for a case consultation.

*To protect customer privacy, customer names are pseudonyms.