Mom Successfully Regained Her B-2 Visa After Having a Baby in the U.S.

Year: 2018
Nationality: Chinese
Applicant. Ms. Fan
Case. B-2 Visa Application

BACKGROUND
– The applicant came to the U.S. in 2013 to have a baby, and the reason for her visa and entry into the U.S. at that time was “tourism”, but after arriving in the U.S., she stayed to have her second child, contrary to the reason stated in her visa and entry into the U.S. at that time.
– Petitioner’s 2015 B-2 Visa Application Denied Due to Record of Childbirth in the U.S.
– After being denied a B-2 visa, the applicant filed an EB-5 immigrant investor petition in the same year, and the I-526 was approved in 2016, with a clear immigration bias

Ms. Fan’s oldest daughter was coming to the U.S. in June for a summer training program, and as her guardian, Ms. Fan wanted to accompany her daughter to ensure that everything would be safe and smooth. However, Ms. Fan had a previous record of having a child in the U.S. five years ago, and her B-2 visa was denied three years ago for that reason, so Ms. Fan was at risk of not being able to re-enter the U.S., and even her daughter’s ability to attend the summer program depended on whether she could pass the visa interview successfully.

At first, Ms. Fan applied for EB-5 immigrant investor to solve the problem of coming to the U.S., but she did not expect to encounter a long waiting period, which could not solve Ms. Fan’s troubles, and even such obvious immigration tendency made Ms. Fan face a more difficult situation during the interview. In this dilemma, Ms. Fan approached Tsang & Associates for help in regaining her B-2 visa and accompanying her oldest daughter to summer camp in the United States. After evaluating Ms. Fan’s situation, we quickly identified the difficulties and targeted solutions for her case.

KEYS TO SUCCESS
First, Tsang & Associates provided Ms. Fan with a mock and question-and-answer session for the interview. The face-to-face interview with the visa officer is a big hurdle within many applicants. To help our clients better overcome this challenge, we make sure they are familiar with all the data and questions they may encounter prior to the formal interview. We developed a Q & A for Ms. Fan to simulate the interview scenario, and we reinforced this for Ms. Fan by including sharp questions that the visa officer is likely to ask, such as “why did you come to the U.S. to have a baby” and “why did you do EB-5”. We provided Ms. Fan with intensive coaching in this area to enhance her self-confidence, to answer the visa officer’s questions fluently and coherently, to present the documents to explain, and to be fully prepared for the difficult visa interview.

Second, Tsang & Associates instructed Ms. Fan on how to prepare the supporting documents. The first section contains Ms. Fan’s own basic information, including the birth certificate and hospital bills of her youngest daughter, who was born in the U.S. to prove that Ms. Fan gave birth at her own expense and did not illegally use U.S. medical benefits in any way; the second section contains Ms. Fan’s oldest daughter’s summer program admission information; the third section contains Ms. Fan’s financial and family binding information in China; and the last section contains Ms. Fan’s family information. Ms. Fan’s family information. The list also detailed the other documents necessary for the embassy interview. In addition, we also let Ms. Fan know how to quickly identify the correct documents for the visa officer’s requirements. documents The last part of the list is the other documents required for the interview.

Third, Tsang & Associates used professional and sufficient documentation to highlight the financial and family binding nature of Ms. Fan’s return to China. The main reason why having a child in the U.S. can easily become a “black history” is that the act itself exploits a legal loophole; the B-2 visa is actually issued to applicants who are traveling to the U.S. for tourism (including sightseeing, visiting friends and family, medical treatment, etc.). Having a child in the U.S. to help the child obtain benefits is not legally covered by the B-2 visa. Visa officers are likely to deny mothers who have given birth in the U.S. with the intent to conceal their birth, as well as their immigration status. Therefore, in addition to explaining that Ms. Fan did not intend to do so, it is important to prove that Ms. Fan has a strong binding obligation to return to the United States. Tsang & Associates helped her prepare a series of documents to prove this, including her and her husband’s work certificates, business licenses, bank deposits, tax records, and real estate certificates.

Finally, Tsang & Associates helped Ms. Fan prepare a strong attorney’s letter that succinctly explained Ms. Fan’s background, the purpose of her trip to the United States, and the binding nature of her return. In the letter, we fully explained why Ms. Fan came to the U.S. to have her baby and the reasons for her EB-5 immigrant investor status. In addition, the attorney’s letter cited relevant legal provisions to demonstrate how Ms. Fan’s trip met every point of the B-2 visa requirement under U.S. law. Through this professional and rigorous presentation, we were able to eliminate the negative effects of her previous trip to the U.S. and the EB-5 immigrant investor process.

OUTCOME
Ms. Fan’s B-2 visa interview was scheduled at the U.S. Consulate in Guangzhou in early May of this year, and the interview passed on the spot. Ms. Fan was originally very worried that her visa interview would be denied and affect her daughter’s summer training program. Therefore, after regaining her B-2 visa, Ms. Fan was overjoyed. She immediately shared the good news with Tsang & Associates and thanked us for everything we did for her, especially the smooth answers during the interview process, the guidance and communication given by the attorneys before, and the Q & A and data prepared for her came in handy, which was the key to her passing the interview successfully.

Lawyer Joseph Tsang commented:
Since we started our U.S. immigration practice in 1984, we have witnessed the ups and downs, the sorrows, and the ups and downs of many foreign nationals applying to the United States. Immigration (broadly defined to include green cards, study, work, short-term travel to the U.S., etc.) is extremely important to the planning and future of the entire family. Before you make a major decision, it is advisable to seek effective advice, as both professionalism and experience are essential and complementary. If you have questions in this area, please feel free to contact us. At Tsang & Associates, we take responsibility for each client and each case, and we are committed to, and will demonstrate, the right path to your success.

*To protect customer privacy, customer names are pseudonyms.