B Visa

B Visa Extensions

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Q1.I lost my mother recently and we brought our father soon after that. I have an older brother and both of us stay here in USA. He has a medical condition - semi-paralytic. My father has a B-2 multiple entry visa; arrived here on 27th Jan 2013, I-94 expired on July 26th and visa extension applied on June 14th. How long can he stay here in US until the decision is made? Will his multiple Visa get rejected if his extension is denied?

Q2. What is recommended, he leaves immediately or waits until his extension decision comes?

A1. Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions.

Bangkok’s Local Policy on Issuing B Visas

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1. Describe Bangkok’s local policy on issuing B visas.

2. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudications for pregnant mothers who wish to give birth in the U.S.?

3. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudication for dependent parents?

4. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudication for domestic employees?

5. How does HCMC <b>(Ho Chi Minh City)</b> typically handle B visa adjudication for cohabitating partners of NIV (nonimmigrant visa applicant) or USC (U.S. citizen)?

1. Bangkok does not have any “policy” on evaluating B-1/B2 visa applications other than the approaches outlined in 9 FAM.  Each case is treated individually and is decided based on the personal interview.

Grounds for Rejection for B and F Visa

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I have done my masters in USA and stayed there for 4 years and came back to India. My visa got over on Jan 2013, and I plan to pursue my MBA in USA and went for the visa interview twice it got rejected, and now my friends and family are suggesting me to apply for B-2 visa. What should I do?

The grounds for rejection for B and F visa are usually the "immigrant intent." If indeed that is the reason for your visa rejection, I do not see any difference between B and F applications.

Exploring Other Options During H-1 Transition

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As my husband's H-1 expires, we are moving back to India around August/September. I am exploring options to quit my job (also on H1) in the last 2-3 months, but since this is a short period, I'm looking for the most convenient and economical transition. Can you please advise:
- Convert to H4: What is the expense incurred and how much in advance would I have to apply for this?
- I have a tourist visa that is valid till 2016- can I take advantage of this?
- Is there a grace period after leaving a job here (giving up your H1) that I can take advantage of if I time it properly?

You will need to figure out the filing fees for Form I-539 (used for H-4). You can convert to tourist visa (status) if you leave USA and reenter using the tourist visa. To let you back in or not would be at the discretion of the CBP officer who interviews you.

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Supervisory CBP Officer initiated to have the cancellation reviewed

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For a CBP port of entry, what is the procedure available to seek supervisory review of an officer’s refusal to admit a visitor due to the period of time he or she was previously present in the U.S.?

U.S. Customs and Border Patrol (CBP) indicates that, in instances in which an officer refuses to admit a visitor due to the period of time he/she was previously present in the U.S., the applicant can ask to speak to the Supervisory CBP Officer who is assigned to the area in which the inspection took place.

Nonimmigrant waiver

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I recently abandoned the US for Canada. I had been living in the US illegally for 15 years (since the age of 11). I got an opportunity to conduct biological research at the University of Alberta, AB, and Canada. I'm fully funded to live in Canada by the institution. Anyway, I would like to return to the US in 2013 for my 10 year high school reunion. I would like to know how likely I would be to get a tourist visa given my recent history. I have no intentions of staying in the US, just visiting. Am I automatically banned?

Look into a 212(d)(3) waiver, which should allow you an entry. Ask CBP at the border how much time they need to process the waiver (usually a few weeks).

Visitor visa rejected

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I am having a problem getting my visitor visa. My fiancé is a US citizen and my sister is on H-1B visa she is there since 3 years with her family... my parents got their (B1-B2) visitor visa. But when ever I apply for B1-B2 I get rejected. My question is, when they ask me why you want to go to the USA my answer was to visit my sister and her family. Now can I answer like this? My fiancé is a US citizen and I want to meet her and get married.

You must tell the truth. The better visa for you is K-1, if you want to get married in USA. Your chances of getting a B visa do not appear to be very good.