Multi-entry B2, Secondary Screening, I-130 Pending

A

ARK1214

New Member
Hello,

Both my parents were issued 5yr multi-entry B2 visa. They entered US in Mar '09 (6mo stamp)for the birth of our daughter, and stayed until end of July '09. In Sept '09 they returned to US and left at end of Jan '10. On this visit at POE, they were pulled aside for secondary screening but was again given a 6mo stamp.

On the latest visit, they entered Mar '10 and went through 2ndary screening again, but was given 3mo with written "No AOS/EOS/COS". Prior to this, they have no intention to immigrate b/c they thought the B2 visa allowed them to come and visit their grandaughter as they wished (with in the 6mo per visit or whatever POE allowed). Neither them nor myself were aware of the B2 180 days rule at that time. It was after this incident, I did some searches and found that they will forever be "marked" for screening and possibly denied entry.

So, I (USC) then filed I-130 (for Consular processing at home country) for them in Mar '10 and they left US in Apr. On their return flight leaving US, they were question by CBP (yes, they were called over the PA during transit at ANC, the last POE) if they had plans to return to US. My parents didn't speak English (or not very well) answered No b/c nothing was planned at this time.

Questions:
1. Is it common to be inspected by CPB upon leaving US? What is likely to result from this?
2. Will the I-130/CP for permanent residency be impacted by their previous visits and subsequent inspections?
3. Will the pending I-130 impact their ability to enter US again with B2 should they choose to visit prior to the consular interview?
4. Will they be able to travel under B2 again (or obtain new B2 if necessary) regardless of the I-130/CP outcome?
5. I intend to file DHS-TRIP to understand the reason for their secondary screenings. Will this have any bearing to the B2/I-130/CP?

They have no intention to defraud USCIS/CBP and follow whatever instructions were given. Unfortunately all these hassle means the logical course of action is for me to petition to immigrate them to US.

Thanks in advance.

Chreers!
 
They were clearly abusing the privilege they were granted to VISIT the US. In addition, they lied to a US immigration officer on their exit since you had filed for their GC prior to their exit. If the get a GC, they are expected to LIVE in the US and not use a GC in place of a visit visa. (I hope you can afford the heath insurance for them.) They are likely to be denied entry - or given a very limited stay - if they try to enter again before receiving their GC because they clearly have immigrant intent.

Since you are so unfamiliar with US immigration requirements, you need an attorney to advise you of the dos and don'ts BEFORE they attempt to visit again.
 
I am aware of the GC residency requirement and will follow that. If things change they can always surrender the GC at anytime. Thanks for your concern regarding health insurance, I'm more than capable of taking care of that.

Without proper context of the CBP questions on exit, "lied" is a strong accusation. I suspect that CBP was attempting to revoke the B2 visa whether due to too frequent visits or pending I-130. Tho, based on my understanding, B2 is invalidated at the consular interview. Anyway, will get more details later.

They have no plan to return to US under B2 and only likely to return once IR-5/I-551 is granted. My questions were hypothetical. Even if they did visit under B2 again, they would still need to return for consular interview. Regardless, I understand that immigrant intent is established hence my questions.

What other type of visa do you suggest that allows frequent "visit" to the US that does not "abuse" the system?
 
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Although visas are issued by the State Department, ICE/CBP/USCIS may cancel/revoke them.

A1: Not common, but it does happen from time to time.
A2: The CP based green card should not be impacted due to their previous visits and inspections.
A3: Yes, a pending I-130 will make it very hard to convince a POE officer that their visit is temporary in nature.
A4: They can try using their B-2 in the future, however no guarantees of success everytime.
A5: Do not waste your time and energy.

ARK1214 said:
Tho, based on my understanding, B2 is invalidated at the consular interview.
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