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Sorry for the long post:
I'm a US citizen since 2016, with the country of origin of China. My parents decided to come and join me in the US in 2021.
We submitted the i130 in 2021 June. My parents decided to come and visit us three months after in September 2021, with their b1b2 Visa (valid till 2026).
So the immigration process started via the embassy Visa process, as I heard we can do the status adjustment within US once they come here. So they came with the B1 B2 Visa with no problem and I've been contacting USCIS since then to switch from Embassy process to I 485.
In June 2022, we finally received their approval I-130, however USCIS still send the process to NVC. I also been contacting and receipt to switch that process to I45 but no response.
In November 2023, NVC scheduled us for the immigration visa interview in Guangzhou China. I did inquiry and messaging the embassy and NVC to change it to adjustment of status, still no avail. So we decided to send them to China for the interview.
At the interview the interviewer asked my parents to show all the documents and once she saw their immunization and physical examination was done in the US, then she immediately cancelled this appointment saying they have to do it in the designated examination locations in China. So the next step will be make another appointment with the embassy and take that appointment paper to have physical exam.
Okay we just followed that but six months passed there's no opening for interview availability. However last week my mom received the email from the non-immigrants Visa unit from the US Embassy in Guangzhou, saying the visa was revoked under INA 212(a)(9)(B) as of April 30, 2024. Since the email is coming from the non-immigrant Visa unit From US Consulate, and it was refering to the old passport that was used for the 10-year b1b2 Visa, I assume that this is not about the new IR5 Visa that is currently being applied. I think this happen because during their stay from 2021 to 2023, we only renew their b1b2 visa extension for one time which is 6 months, the reason being that is we thought they are doing the status adjustment within the US so they don't have to extend the b1b2.
Now I realise because of that, they cannot coming to the US without a waiver(i601) for 10 years since the last b1b2 visa extension.
What can we do now?
The current plan is just keep making that ds260 appointment and explaining the situation to the interviewer. Once/if we got the ir5 Visa, do we still need the waiver to pass CBP when crossing the border?
Here is the email from the non-immigrant unit:
Dear Non-Immigrant Visa Applicant XXXXXXX
Please be advised that your U.S. visa has been revoked by the U.S. Department of State. The visa was revoked under INA 212(a)(9)(B) as of April 30, 2024.
This action is based on the fact that subsequent to visa issuance, information has come to light indicating that you may be ineligible to receive a visa, such that you should be required to reappear before a U.S. consular officer to establish your eligibility for a visa before being permitted to apply for entry to the United States.
Please note that you will be unable to travel on your current U.S. visa. If you would like to travel to the United States, you must re-apply for a new visa. Please refer to the below Questions and Answers for further details.
Sincerely,
Non-Immigrant Visa Unit
U.S. Consulate General Guangzhou
I'm a US citizen since 2016, with the country of origin of China. My parents decided to come and join me in the US in 2021.
We submitted the i130 in 2021 June. My parents decided to come and visit us three months after in September 2021, with their b1b2 Visa (valid till 2026).
So the immigration process started via the embassy Visa process, as I heard we can do the status adjustment within US once they come here. So they came with the B1 B2 Visa with no problem and I've been contacting USCIS since then to switch from Embassy process to I 485.
In June 2022, we finally received their approval I-130, however USCIS still send the process to NVC. I also been contacting and receipt to switch that process to I45 but no response.
In November 2023, NVC scheduled us for the immigration visa interview in Guangzhou China. I did inquiry and messaging the embassy and NVC to change it to adjustment of status, still no avail. So we decided to send them to China for the interview.
At the interview the interviewer asked my parents to show all the documents and once she saw their immunization and physical examination was done in the US, then she immediately cancelled this appointment saying they have to do it in the designated examination locations in China. So the next step will be make another appointment with the embassy and take that appointment paper to have physical exam.
Okay we just followed that but six months passed there's no opening for interview availability. However last week my mom received the email from the non-immigrants Visa unit from the US Embassy in Guangzhou, saying the visa was revoked under INA 212(a)(9)(B) as of April 30, 2024. Since the email is coming from the non-immigrant Visa unit From US Consulate, and it was refering to the old passport that was used for the 10-year b1b2 Visa, I assume that this is not about the new IR5 Visa that is currently being applied. I think this happen because during their stay from 2021 to 2023, we only renew their b1b2 visa extension for one time which is 6 months, the reason being that is we thought they are doing the status adjustment within the US so they don't have to extend the b1b2.
Now I realise because of that, they cannot coming to the US without a waiver(i601) for 10 years since the last b1b2 visa extension.
What can we do now?
The current plan is just keep making that ds260 appointment and explaining the situation to the interviewer. Once/if we got the ir5 Visa, do we still need the waiver to pass CBP when crossing the border?
Here is the email from the non-immigrant unit:
Dear Non-Immigrant Visa Applicant XXXXXXX
Please be advised that your U.S. visa has been revoked by the U.S. Department of State. The visa was revoked under INA 212(a)(9)(B) as of April 30, 2024.
This action is based on the fact that subsequent to visa issuance, information has come to light indicating that you may be ineligible to receive a visa, such that you should be required to reappear before a U.S. consular officer to establish your eligibility for a visa before being permitted to apply for entry to the United States.
Please note that you will be unable to travel on your current U.S. visa. If you would like to travel to the United States, you must re-apply for a new visa. Please refer to the below Questions and Answers for further details.
Sincerely,
Non-Immigrant Visa Unit
U.S. Consulate General Guangzhou
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