10 year visa for Chinese to USA

[MarcRosie]

HAPPY THANKSGIVING! Hope everyone had a great day with family and friends.

 

Question. My wife heard that the new 10 year tourist visa deal Obama's talking about now is the way to go instead of a green card if you aren't looking to become a US citizen. It's been suggested to her that instead of being limited to traveling back and forth and having to stay in the USA for 6+ months under the green card, it is not an issue anymore as you could, under this 10 year visa, travel back and forth as many times as you wanted i.e. come here for 2 months, go back to China, come back for a month, go back to China, etc. (As an example). So what's the deal? She has had an opportunity arise in China that would require her to travel back and forth, but with the green card, although she hasn't had any issues yet from her numerous trips back and forth, we feel it's going to be an issue at some point. Any thoughts? Thanks!

 

Rosie and Marc

[Randy W]

Be sure to think through what you are doing - if you really are concerned that she might lose her green card, you can file to rescind it at the same time you (she) apply for the visa. Length of stay might be limited to six months under the visa, as well as frequency of visits (to the U.S.)

 

That little green card limbo situation (where you can't be certain of the status upon a return trip) is a VERY unfortunate side effect of the U.S. policies on green card holders.

 

Returning to or Rescinding Legal Permanent Resident Status -

If you intend to travel to the U.S. as a non-immigrant, you may wish to file an Abandonment of Lawful Permanent Resident Status Form I-407 to clarify your status. Former LPRs will usually be asked to execute this document and surrender their I-551 (green card) before being issued a non-immigrant visa. The I-407 can be executed on the same day as your non-immigrant visa interview before the interviewing Consular Officer.

 

Perhaps it would be best to discuss the EXACT particulars of her situation with a good immigration lawyer.

[MarcRosie]

Thanks Randy!

 

Pretty down on immigration lawyers. I've done more on my own and with the help of others than the lawyer we had ever did for us. Not saying all are bad as I know that's not true.

 

My big question, and wondering if anyone had heard or had knowledge, is of this 10 year tourist visa. What are the limits? How long/short can you stay in the US? How many times each year can you come and go? She does not want to give up her ability to come to the US as part of the opportunity that's come up requires her to travel to the US. But sometimes it might be for a month, sometimes it might be for 6 months, sometimes it might be for 2 weeks. So we're just wondering what latitude you have. How flexible is this visa? And if a LPR wants to give up the green card is it more readily available to someone that has had the green card since they went through everything to get it? I've looked for info about this but haven't really been able to come up with much.

 

Thanks!

[Randy W]

Thanks Randy!

 

Pretty down on immigration lawyers. I've done more on my own and with the help of others than the lawyer we had ever did for us. Not saying all are bad as I know that's not true.

 

My big question, and wondering if anyone had heard or had knowledge, is of this 10 year tourist visa. What are the limits? How long/short can you stay in the US? How many times each year can you come and go? She does not want to give up her ability to come to the US as part of the opportunity that's come up requires her to travel to the US. But sometimes it might be for a month, sometimes it might be for 6 months, sometimes it might be for 2 weeks. So we're just wondering what latitude you have. How flexible is this visa? And if a LPR wants to give up the green card is it more readily available to someone that has had the green card since they went through everything to get it? I've looked for info about this but haven't really been able to come up with much.

 

Thanks!

 

 

I had to laugh there - I wasn't thinking at all about your past experience when I posted that. Sorry about that!

 

But my concern is that you may be jumping from the frying pan into the fire. She can be denied entry on the green card if she spends too much time out of the country, but she may run into a similar problem if she tries to do too much back and forth travel on a visitor's visa - and may even be required to leave the country if she stays too long. Currently, visitor's visas are good for two six months stays with entries within a year. The ten year visas have been issued for less than a month now

 

It just doesn't seem like that OUGHT to be a good deal, but maybe it is - depending on the exact particulars of her situation. Here's a topic on the new visas in both directions - Chinese visas for American citizens, and American visas for Chinese citizens - http://candleforlove.com/forums/topic/47371-some-changes-in-travel-visa/

 

Remember that American visa policy is more restrictive than the Chinese policy about the possibilities regarding staying in the country after your length of stay expires.

[dnoblett]

Ten year tourist is no different than the former 1 and 2 year visa, length of stay is set by POE typically up to 6 months, and usuallyno more than 6 months in a 12 month period, so a trip out then back usually does not extend allowed stay.

 

The only benifit is not having to renew a visa every other year. Or in the case of visiting China having to get a visa every time you want to travel.

[newacct]

Also, it's really hard for spouses of U.S. citizens to get B2 visas because it's really hard to prove you won't use it to immigrate.

[Randy W]

Also, it's really hard for spouses of U.S. citizens to get B2 visas because it's really hard to prove you won't use it to immigrate.

 

 

She already has a green card and is in the U.S.

[dnoblett]

Also, it's really hard for spouses of U.S. citizens to get B2 visas because it's really hard to prove you won't use it to immigrate.

Actually not as hard as you would think, a few ways to handle the immigration intent.

 

1) Show to the Visa officer US Citizen resident of China has a job that is not going to end the moment they visit the states, solid ties for both US Citizen and Chinese citizen will convince the visa officer there is no intent to immigrate.

 

2) Renewing a B-2 from prior to marriage, showing trips to the USA and returning to China is a common indicator of no intent.

 

3) Worse case would be to go through all the problem of getting a spouse CR-1 or IR-1 visa to visit the USA, visit the USA and then return to China and turning in the green-card and then applying for a B-2 visit visa. (One member went through this situation and instead of dealing with removal of conditions on a 2 year green-card when they were not using the green-card to live in the USA they returned the card and got a B-2) SEE: http://candleforlove.com/forums/topic/45297-conditional-green-card-holder-not-living-in-the-usa-i-751/?p=595193

[sincere.peter]

dnoblett and randy w: could you answer my really dumb question?

 

Two years ago, my shanghainese wife and i married here after use (two visits to US) and expiration of her first and only visitor's visa. Say that she were to apply for a new 10-year visitor's visa. >>> how would/could our consulate's visa interviewer even know she is married to me and deny it on that ground?

 

<<< her parents are aging and could potentially need her to make multiple, extended trips back to china, thereby gravely interfering with uscis regulations concerning maintenance of permanent US residency/duration of absence from US (outlined on various uscis webpages).

 

Wife has convincing evidence of "intent to return to china" (very stable employment, family ties, co-ownership with her parents of the apartment in which we live) ... were we to deem this newly-announced 10-year route an acceptable alternative to formal immigration for the near future. of course, under this type of visa, her permitted length-of-stay at entry into the US would be severely restricted as well. (what is it? 90 days at a time? 180 days?)

 

ps/note: we haven't begun immigration process for her (zero) nor yet even applied for US citizenship for our year-old daughter.

[sincere.peter]

hmm, obviously i don't know how to format even simple messages on this forum, not even paragraph breaks.

[dnoblett]

Renewal of a visa even one that has been expired for less than 12 months is done without any interview.

 

 

 

Under the new appointment process, the U.S. Embassy and Consulates will continue to offer a drop-off nonimmigrant visa renewal service for most applicants who are eligible to renew their visas without a personal interview.

http://guangzhou.usembassy-china.org.cn/new-process-for-u.s.-visa-applications.html

 

 

 

Visa Renewal Through CITIC Bank

 

Applicants who have a previous US visa that has been expired for less than twelve months may be eligible to renew their visa without an interview.

 

The previous visa must be currently valid, or must have expired within the last twelve months. The applicant must also be applying for the same type of visa at the U.S. Embassy or Consulate in China where he/she was issued his/her previous U.S. visa. In addition, the applicant must be traveling on a People’s Republic of China passport. Applicants with passports issued by authorities in Taiwan, Hong Kong, or Macao are NOT eligible to use this drop-off service.

 

Applicants whose previous visas applications required additional administrative processing time, or who have any previous visas with a “clearance received” date printed in the annotation area, are NOT eligible to use this drop-off service.

 

Applicants who are eligible for use this service may submit their visa application forms (DS-156 and DS-157), (DS-160) photograph, passport containing previous visa, and supporting documents to any CITIC Bank branch. Approved travel agents may submit applications to CITIC Bank on the applicant’s behalf. CITIC Bank charges a flat fee of 200 RMB for this service.

http://guangzhou.usembassy-china.org.cn/niv-group-leisure-tour.html

 

http://www.ustraveldocs.com/cn/cn-niv-visarenew.asp

 

As for how can they tell married? They do ask marital status on the DS-160 and was there a name change as well? They will see the change of marital status since prior visa and may have questions.

 

Allowed period of stay for a visit visa is 6 months, and no a quick trip out and then back to the states does not reset the allowed stay, the POE will catch it, typically they allow a max stay of 6 months out of a 1 year period. Longer stays can be applied for while visiting at additional expense.

[dnoblett]

hmm, obviously i don't know how to format even simple messages on this forum, not even paragraph breaks.

Edited your post to make easier to read.

[mikeymark]

I have a question regarding early B2 visa renewal (applying for a new 10 yr B2 visa).

 

My wife's daughter has visited the US on a B2 visa, three times now. Her current B2 visa was obtained in October of 2014 and is only a one year visa. How soon can she apply for a new 10 year visa?

[dnoblett]

This summer, probably no more than 90 days before it expires.

 

Also can renew after it expires without need for an interview just no more than 2 years after expired.

[mikeymark]

Thanks Dan!