Mother of Naturalization Applicant Visit on B2

B

bearbo

Registered Users (C)
Hello,

I recently brought my mother over from China to visit me, on a multiple entry B1/B2 visa. At the time that she applied for the visa and entry into the US, I was just a permanent resident. Since then, I have filed the N400 to apply for naturalization. We would like to travel together, namely on a cruise to Mexico, but leaving and returning to the same US port. I have heard that she might experience difficulty re-entering the US, because of my application of naturalization might be an indication of immigration intention for her.

Could someone tell me if there is merit in what I heard? Any experience and useful links are greatly appreciated.

Thank you,
 
Assuming you mean petitioned for her for immigration visa? No, I didn't do that. But could you please explain why that would be a problem?

Thanks a bunch.
 
Yes petition means if you had filed for a immigrant visa for her after your Nat'z.
It shows immigrant intent if somebody has a I-130 ( Immigrant Petition ) filed on their behalf which is not allowed on a B1/B2.
 
So that means if in the future I do want to file for an immigration visa for her, we cannot leave the country? Can this even be done with her in the country on B1/B2?

And just to confirm, I shouldn't need to worry about CBP giving us problem when we try to return to US from the cruise at the present status, in which an immigration petition was not filed.

Thanks.
 
There is no issue with the cruise situation, if she is here is US when you get your citizenship and you file for her she can adjust her status to a permanent resident here in the US.
 
Keep in mind, your mother may be denied re-entry on her B-2 visa. This applies for all B-2 entry applicants, not just your mother.


bearbo said:
I shouldn't need to worry about CBP giving us problem when we try to return to US from the cruise at the present status, in which an immigration petition was not filed.
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Triple Citizen said:
Keep in mind, your mother may be denied re-entry on her B-2 visa. This applies for all B-2 entry applicants, not just your mother.
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This was in fact my original question. On what basis might she be denied re-entry on her B-2 visa? Is it simply because I am applying for naturalization?
 
Could be as simple as the POE adjudicator suspecting that your mother is not going to leave in a timely fashion. Or the POE adjudicator determining that your mother is already living in the US on her B-2 visa and thus abusing her visa.

I am not trying to scare you, just drawing out the worst case scenario.

bearbo said:
On what basis might she be denied re-entry on her B-2 visa? Is it simply because I am applying for naturalization?
Click to expand...
 
Triple Citizen said:
Could be as simple as the POE adjudicator suspecting that your mother is not going to leave in a timely fashion. Or the POE adjudicator determining that your mother is already living in the US on her B-2 visa and thus abusing her visa.

I am not trying to scare you, just drawing out the worst case scenario.
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The OP's mother recently came to US for the first time and cannot be suspected of living in US on a B-2. IMO she has no chance of getting a re-entry into US denied, that would have been true and could have been a possibility if she was here multiple times staying for full six months or more with asking to extend stay by filing I-539.
 
People have been denied entry on B-2 on their very first visit to the US. Denial of entry is not neccessarily bound to their iteration of visits. I admire your confidence however. I just drew out the worst case scenario for the OP. I think I made it clear, didn't I?

namecheckvictim said:
The OP's mother recently came to US for the first time and cannot be suspected of living in US on a B-2. IMO she has no chance of getting a re-entry into US denied
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Just to clarify, this is not her first time here. This is her 3rd time here (on 3 separately applied visa). But she has always left the country in a timely fashion, and we have never filed to extend her stay. Between the 1st time and the 2nd time of her coming here, she applied for a visa but was denied, due to (I'm guessing) too soon after the first time. But the following time and this time her visas were issued with no problem.

Thanks.
 
Also, I tried to call Custom and Boarder Protection. From what they told me, my application for naturalization has no bearing on her re-entry. As long as it's within her allowed time period (which it is), she can travel freely to Mexico and Canada. Please let me know your thoughts on that.

Thanks.
 
bearbo said:
Also, I tried to call Custom and Boarder Protection. From what they told me, my application for naturalization has no bearing on her re-entry. As long as it's within her allowed time period (which it is), she can travel freely to Mexico and Canada. Please let me know your thoughts on that.

Thanks.
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I think i told you that in my first post already that its not gonna be a issue.
 
Triple Citizen said:
People have been denied entry on B-2 on their very first visit to the US. Denial of entry is not neccessarily bound to their iteration of visits. I admire your confidence however. I just drew out the worst case scenario for the OP. I think I made it clear, didn't I?
Click to expand...

Just to clarify, this is not her first time here. This is her 3rd time here (on 3 separately applied visa). But she has always left the country in a timely fashion, and we have never filed to extend her stay. Between the 1st time and the 2nd time of her coming here, she applied for a visa but was denied, due to (I'm guessing) too soon after the first time. But the following time and this time her visas were issued with no problem.
 
Actually, the very fact that she is acting like a "tourist" by taking a short cruise from the U.S. to Mexico and back again is a good thing that shows that she really is here as a "tourist".
 
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