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Entry into the US on existing B1/B2

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  • Entry into the US on existing B1/B2

    Hello,

    Hoping you all are doing well. Due to Trump's executive order and Covid related travel restrictions, we are exploring entry option into the US on B1/B2.
    Currently, I am in the US on H1b and wanting to bring my spouse to the US (outside the US at the moment). My spouse has multiple entry B1/B2 stamp sponsored by her employer, which was used earlier to enter/exit the US. H4 visa interview got cancelled due to lockdown, hence exploring option to get into the US on B1/B2 and then file change of status (to H4).

    Considering current circumstances:
    (1) I think entry into the US on B1/B2 is NOT banned in the executive order, correct me if I am wrong.

    (2) can my spouse enter the US on B1/B2? (visa is currently valid) I ask this because, the same B1/B2 was used before to travel on Business activity, and unsure if it can ALSO be used to travel for 'Tourism'. If yes, is it okay to mention to the officer at port of entry that the reason for current travel is 'visiting my spouse' for 3 months?
    (On visa stamp, Annotation is blank - I read somewhere that an annotation, if any, prevents from entering the US if travel is not intended for the specific employer listed in annotation).

    (3) How important is it to carry supporting documents showing ties back to India and that one would return? For example, employer letter from India (proof of resuming employment once returned).

    Immensely appreciate your suggestion.

    Thankyou

  • #2
    Considering the current situation, yes she is allowed to travel into USA.

    B1 is for Business & B2 is for Tourism, since she has B1/B2 both, she can use that for tourism as well.

    Has she used that visa to travel to USA after your marriage? The reason I am asking this, because while using B1/B2 visa, the onus is on the applicant to prove that her intention is to leave the country after the purpose of visit is completed. By showing that she is visiting her husband, shows her intention to switch from B2 to H4 or stay long term.

    Better to feel sorry later, ensure she carries proof as much as possible to show that she will return.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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