B1/B2 Visa Approved Despite Previous Childbirth in the United States

Applicant:                   Ms. Jiang

Nationality:                 Chinese

Applying for:              B1/B2 Visa (Visa for Business, Leisure, and Medical Treatments)

Time:                           Received visa approval in February 2019, within 30 days since she provided our office with necessary documents

Client Challenges:

·         Ms. Jiang came to the U.S. two years prior this application and delivered a baby in the U.S.

·         Ms. Jiang’s B1/B2 visa was revoked by U.S. Customs and Border Protection (CBP) a year earlier for delivering a baby in the U.S. and suspicion of using U.S. federal benefits.

·         The CBP officer interrogated Ms. Jiang about medical payments and childbirth in the U.S., and she did not know how to respond.

·         Ms. Jiang was not confident for this application as she does not know how to respond to questions from the consular CBP officers.

·         Ms. Jiang was coming to the U.S. with her entire family, which would increase suspicion for immigrant intent.

Ms. Jiang, a citizen of China, hoped to attend an important business convention in Las Vegas, Nevada and then proceed to visit tourist sites in California. She was nervous and concerned she would be denied entry into the United States. Only a year earlier, her B1/B2 visa had been canceled at San Francisco International Airport, and she was sent back to China. Another denial of her visa could mean she would hardly be allowed to visit the U.S. again.

Ms. Jiang’s previous visit to the United States in 2015 raised red flags for USCIS. While six-months pregnant, she and her husband came to the U.S. with a valid B1/B2 visa for a four-month stay. While she had previously intended to deliver her child in China, she quickly realized the air quality was much better in the U.S. and food safety requirements were much higher. Even the medications she was taking for allergies were no longer required during her visit. Fearing she might suffer a miscarriage or having her baby be born with disabilities if delivered in China, Ms. Jiang contacted a local doctor and had her baby in the U.S.

 

Keys to Success

Ms. Jiang’s history of visitation to the United States was complicated and troublesome in the view of the U.S. Citizenship and Immigration Services (USCIS). Fortunately, she reached out to Tsang and Associates who created a bespoke plan for addressing the USCIS concerns that made her return visit to the United States a reality.

By 2017 when Ms. Jiang wanted to visit the U.S. again, the Customs and Border Patrol (CBP) noted she’d delivered a child on her previous visit. Her entry was denied based upon the interviewing officer’s determination that Ms. Jiang and her husband planned to stay as intending immigrants.

Tsang and Associates determined that the best way to ameliorate the impasse would be to create a well-crafted package for Ms. Jiang to carry to the U.S. Consulate in Shanghai. Per the FAM 402.2 (Residence) requirement, the consular officer must assess whether the B visa applicant has a residence in their home country in which the applicant does not intend to abandon. Tsang and Associates organized the necessary documents to prove Ms. Jiang and her husband owned properties in China, held sufficient financial resources in Chinese banks, and shared ownership in a China-based business. Additionally, in order to demonstrate the intent to return to China, the documents showed Ms. Jiang had a successful interior design business and was currently enrolled in a prestigious university in Shanghai. The package also provided documentation to show the couple had not taken advantage of the U.S. healthcare system and had paid all costs associated with the 2015 birth of their child. Per the FAM 402.2 (Temporary period of stay) requirement the consular officer must determine the tourist itinerary of the B visa applicant.

Tsang and Associates not only organized and provided the necessary documentations but also elevated the functions of each documentation with reasonable explanations to satisfy the guidelines.

 

Outcome

 The package presented to the U.S. consulate in Shanghai was a success that returned hope to Ms. Jiang’s family. Ms. Jiang was granted a B1/B2 visa. She and her family were able to attend the professional conference in Las Vegas and also enjoy the tourist sites in California.