Request Not to Cancel B-2 Visa For Foreign Mother with Children in U.S.

• Applicant: Ms. Shen
• Country/Region: Taiwan, China
• Applying for: Withdrawal of Global Entry Visa, Request not to cancel B-2 Visa
• Case Type: B-2 Visa, Global Entry Visa
• Time: Two weeks
• Challenges:
  • Possibility of being barred entry into the U.S. for life.
  • Client feared never seeing young daughters ever again.
  • Establishing clients not abandoning their home country.

BACKGROUND

Ms. Shen initially thought an application for a Global Entry Visa (GEV) would be a good idea. The GEV is a U.S. Customs and Border Protection (CBP) document that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States. Members could simply enter the U.S. through automated kiosks at select airports. Travelers must be pre-approved for the GEV program and undergo a rigorous background check and in-person interview. That’s where things went wrong for Ms. Shen. The CBP officer discovered Ms. Shen had twice come to the U.S. in the past to give birth. Those two daughters were now 17-years old and living Portland, Oregon with family members. The officer suspected Ms. Shen had the intention of abandoning her home country to raise her daughters in the U.S. Now, she was facing the possibility of being barred from entry into the U.S. for life. For three weeks, Ms. Shen was deeply distraught at the prospect of never being able to see her children again. She couldn’t eat, and she couldn’t sleep. Fortunately, she turned to the immigration experts at Tsang and Associates.

KEYS TO SUCCESS

After a thorough phone consultation, Tsang and Associates quickly sprang into action to alleviate the stress Ms. Shen was experiencing. Ms. Shen had her disastrous interview on November 9th, 2018 and as she described her emotions, “Since that day, I have constantly been afraid that I may never see my children again.” Within a matter of days, Tsang and Associates created a comprehensive package to ensure a positive outcome. The package included a letter to the CBP withdrawing her application for the GEV and kindly requesting they not cancel her current, and valid B-2 Tourist Visa. The next step was to provide exhibits that could clearly demonstrate Ms. Shen had no intention of abandoning her home country and that she had the assets to be self-supporting on her visit. She needed to show that her financial and business ties to Taiwan were extensive and unlikely to be abandoned. Ms. Shen is the owner of DaBui Enterprise Co. Ltd, an established interior design company in Taiwan. She produced supporting documents including her business card; profit and loss statements, bank statements and tax returns for 2016-2017. To further demonstrate her financial security and ties to Taiwan she provided a copy of the deed for her home, stock certificates, and her car payment records. In her own words she wrote, “I am well capable of providing for myself and my children without taking money from the U.S. welfare system and from people who actually need the money.”

Furthermore, Ms. Shen wanted to show, even though her daughters were U.S. citizens, up until two years prior, that they’d been raised in Taiwan. She provided their birth certificates; records that show their births in the U.S. were paid for by her personally, passport stamps, and family photos proving the girls had been raised in Taiwan.

The girls were now living in Portland with financially secure family members. Ms. Shen provided records showing school costs for both girls from 2017-2018. In her letter, she explained that since both daughters had high G.P.A.s her and her husband thought the girls should move back to the U.S. and prepare to attend college there. After they relocated to Portland, Ms. Shen soon discovered she missed her daughters terribly. She wanted to be able to travel back and forth from Taiwan more often and without the restriction of the B-2 Tourist Visa. So, Ms. Shen applied for the GEV. As she found out that was a mistake and had the potential to jeopardize everything.

Tsang and Associates advised Ms. Shen of a better option and instructed her on how to apply for an E-2 Treaty Investor visa with the United States Citizenship and Immigration Services (USCIS). Under that visa she could bring her design business to the U.S., allowing her to remain in the United States for two years with the option to extend.

OUTCOME

With the assistance and counsel of Tsang and Associates, Ms. Shen was able to cancel her GEV application and retain her B-2 Tourist Visa. She was able to reunite with her daughters for a limited visit but is working with our firm to move her company to the U.S. under the E-2 Treaty Investor visa. Tsang and Associates is pleased to have been a part of reuniting Ms. Shen’s family and helping set the path for a bright future for her daughters.