Regaining U.S. Visa after Denied B-2 Twice and Already Immigrated

In November 2014, the United States officially issued 10-year B1/B2 (business/tourist) visas to Chinese citizens to facilitate their travel to the United States. Applicants who have previously held B1/B2 visas can exchange them for new 10-year visas by simply passing them through CITIC Bank. However, there is a risk that you may not be able to obtain a new visa.

In a recent case of Tsang & Associates, Ms. Huang was a B1/B2 visa holder in 2012 and 2013, but was denied in early 2015 when she changed to a new one, and was denied again when she reapplied afterwards, for which she went through immigration again. Is there still a chance to go to the U.S. again?

BACKGROUND
Applicant: Ms. Huang, 50 years old, an executive of a private company in China, divorced for many years, with a daughter F1 status who has been studying in the United States since high school and is currently attending college in California.

Visa & Travel Record to the US: I applied for a B1/B2 visa in 2012 and got a new one in 2013, and went in and out of the U.S. quite frequently from 2012 to 2014, especially in 2013 when I went to the U.S. 4 times and stayed in the U.S. for nearly 8 months, the last time for more than 3 months. in early 2015, when I got a new 10-year B1/B2 visa, the consulate found that I had immigration tendency and rejected me on 214(b) grounds. Re-applied for B1/B2 visa in July 2015 and was denied again. Since she was denied a visa to travel to the U.S., Ms. Huang applied for EB-5 immigrant investor in May 2015 and passed the I-526 in 2016.

At that time, Ms. Huang considered that her visa had been denied twice, and now that she had applied for an immigrant, it would be even more difficult to obtain a visa, so she simply waited until she immigrated to the United States. However, what she didn’t expect was that the EB-5 immigrant investor’s waiting period was getting longer and longer, and there was no hope for her daughter to follow the immigrant, and now she couldn’t get a visa to visit her daughter in the U.S., and her daughter didn’t have much time to come back from her heavy school work. Ms. Huang has only one daughter, and she misses her daughter but cannot go to see her.

After the above experience, is it possible for Ms. Huang to regain her visa?

Ms. Huang found Tsang & Associates through her sister in the U.S. After understanding her situation in detail and analyzing her situation, we concluded that Ms. Huang still had a chance to regain her B1/B2 visa to meet her daughter in the U.S. After Ms. Huang established her engagement at the end of July, we actively began to develop a plan, strategy and preliminary preparations.

difficulties:
1. a one-year stay in the United States in 2013-2014 for almost 8 months, with the last stay of more than 3 months, a long stay in the United States on a B1/B2 visa is detrimental to the applicant and requires a reasonable explanation to clarify.
2. two applications for B1/B2 visas were rejected within six months in 2015, making Ms. Huang feel too devastated to go back for another visa.
3. that I applied for EB-5 immigrant investor in May 2015, and that the I-526 was approved in August 2016, with a clear tendency to immigrate.
4. that Ms. Huang’s only daughter is studying in the United States, that she herself is long divorced, and that there is virtually zero family binding in terms of returning to China.

KEYS TO SUCCESS
1. First, we clarified the reason why Ms. Huang came to the U.S. for a long time in 2013, and explained why Ms. Huang stayed in the U.S. for more than three months on the last time, and expressed what she originally wanted to express on behalf of Ms. Huang. opportunity.
2. on immigration issues, starting with the immigration queue, analyzing to the visa officer that since there is still a long waiting period in the queue, it is not possible for Ms. Huang to stay in the U.S. until the immigration queue is reached, and the resulting illegal stay will prevent Ms. Huang from obtaining a green card.
3. emphasizing the separation of mother and daughter and citing that the daughter does not have time to visit her mother regularly because of her busy academic schedule.
4. Convince the visa officer that Ms. Huang has no “immigration tendency” at the moment, and emphasize that Ms. Huang only wants to apply for a visa to visit her daughter in the U.S. when she has time, and to look at the investment project. project the progress of the investment project.
5. Qualified for B1/B2 visa: Ms. Huang’s financial ability, assets, work situation, other family members in China, and the clear purpose of this trip to the U.S. explained that Ms. Huang fully met the requirements for B1/B2 visa.

Process and results:
1. Ms. Huang is in a hurry to re-visit and wants to have an interview at the end of August, we only have one month to help Ms. Huang prepare visa data and interview counseling, the interview appointment is on August 25.
2. Ms. Huang had been rejected twice and was so nervous and apprehensive about going to the visa interview again after two years that she could not sleep well.
3. Ms. Huang attended an interview at the U.S. Consulate in Shanghai on August 25, during which the visa officer focused on her daughter’s study in the U.S., Ms. Huang’s domestic work situation, and why she stayed in the U.S. for so long before, which Ms. Huang explained one by one.
4. The interview process went well and the visa officer indicated that Ms. Huang was welcome to travel to the U.S., but an administrative review was still conducted, but the review did not take long and the status was updated to visa issued on the 30th.

Ms. Huang was very happy that she was finally relieved and could come to the U.S. to see her daughter with ease. Ms. Huang thanked her again and again, and said she would come back to the U.S. to thank her, and also wanted to know how to solve the problem of her daughter’s overage status.

OUTCOME
Joseph Tsang has a precise grasp of U.S. immigration regulations and policies, and the documents are well-reasoned; Chen Jie, a lawyer from Shanghai, has 12 years of practical experience in visa applications to the U.S., and is quite familiar with different types of visa situations for various types of clients from his own visa experience. For some misconceptions about visa to the U.S., she has the following suggestions.
1. B1/B2 visas are generally granted for 6 months per entry, but it does not mean that you can stay for 6 months at a time. Immigration officers/visa officers will look back at the past 12 months, and if you stay in the U.S. for more than 6 months, you will often have trouble getting another visa or entering the U.S. You need to give a reasonable explanation to convince the officer that you do not want to stay in the U.S. for a long time. Every time a customer encounters a problem, he or she is aggrieved: for example, the customer complains: I was given 6 months, but I have only stayed for 5 months and not more, so why is my visa cancelled? But the U.S. does not recognize “no one is guilty if they don’t know”.
2. Just because you have already immigrated does not mean that you cannot apply for a nonimmigrant visa to come to the U.S. while you are waiting for your immigration. As long as you can convince the visa officer that you do not have the intent to immigrate when applying for the visa, you will still return to your original country of residence as scheduled after obtaining a visa for a short stay in the U.S., i.e., a clear purpose for coming to the U.S., the need to come to the U.S., and a strong binding obligation to return to your home country, you will still be able to obtain a visa to come to the U.S. to study, conduct business, travel, and visit family and friends. In addition to Ms. Huang’s case, our successful cases include: the principal applicant who has applied for EB-5 investment immigrant and obtained an F-2 visa as a dependent of an F-1 student visa to accompany her to the U.S.; a B-2 visa to visit relatives in the U.S. in the CR-1 spousal immigration process; and an R-1 visa to work in the U.S. in the immigration queue of an F-4 sibling petition.

In short, if you are experiencing visa denials or are in the immigration queue and wish to obtain a visa to travel to the United States, please feel free to contact us.

*To protect customer privacy, customer names are pseudonyms.