Can one parent enter US on B2 with another on temp IR visa stamp ?

[sriram1975]

My mom got a IR visa stamp on her passport last month. Father is on a B2. Can he enter US along with mother ? Since she is permanent resident after entering US, can my father accompany her from India ?

 

[SusieQQQ]

Technically yes, but if the CBP officer suspects immigrant intent on your father’s part he may refuse entry.

 

[newacct]

I think that the mother would have to first enter the US, before the father can board the flight, because only after entering would she be a permanent resident. Theoretically, there is always the possibility that she might not be admitted, and thus never become a permanent resident. I don't think the carrier would risk liability for transporting the father if it can't be guaranteed that the mother will be a permanent resident.

 

[SusieQQQ]

I think that the mother would have to first enter the US, before the father can board the flight, because only after entering would she be a permanent resident. Theoretically, there is always the possibility that she might not be admitted, and thus never become a permanent resident. I don't think the carrier would risk liability for transporting the father if it can't be guaranteed that the mother will be a permanent resident.

Maybe I misunderstood the OP but I thought by visa stamp he meant the stamp on the visa that cbp places (meaning that she had already used the visa and become a permanent resident) - I see that OP could also mean the actual visa (which is not a stamp) Has just been placed in the passport.

I’m not sure what you mean here by the carrier’s liability? If the father has a b visa that is valid on the face of it why wouldn’t they board him?

 

[newacct]

I’m not sure what you mean here by the carrier’s liability? If the father has a b visa that is valid on the face of it why wouldn’t they board him?

Because there is an entry ban on nonimmigrants who have been present in India in the previous 14 days, unless one of the exceptions (e.g. spouse of citizen/permanent resident) applies.

 

[SusieQQQ]

Because there is an entry ban on nonimmigrants who have been present in India in the previous 14 days, unless one of the exceptions (e.g. spouse of citizen/permanent resident) applies.

Ah! I forgot about the ban on people coming from India and was talking in general terms… thanks

 

[sriram1975]

I think that the mother would have to first enter the US, before the father can board the flight, because only after entering would she be a permanent resident. Theoretically, there is always the possibility that she might not be admitted, and thus never become a permanent resident. I don't think the carrier would risk liability for transporting the father if it can't be guaranteed that the mother will be a permanent resident.

Yes. This is what I was thinking also. That she is technically not a permanent resident until she enters through the port of entry and as a result a dad who holds B2 can't board for the US with her. As for father becoming an immigrant etc. he said clearly he doesn't want to be here for more than six months at a time and does not want to be a perm resident.

 

[sriram1975]

Maybe I misunderstood the OP but I thought by visa stamp he meant the stamp on the visa that cbp places (meaning that she had already used the visa and become a permanent resident) - I see that OP could also mean the actual visa (which is not a stamp) Has just been placed in the passport.

I’m not sure what you mean here by the carrier’s liability? If the father has a b visa that is valid on the face of it why wouldn’t they board him?

Susie mom has a IR visa stamp that would be the temp I551 on entry to US. But looks like you and newacct covered it well. Thanks.