What are my options to get a visa to visit my mother (us citizen)?

[Thiago Santana 0]

Hi everyone,

I was granted a tourist visa in 1998. Entered the US in that year .

Visited in 2002.

In 2005 i was denied access to the united states while trying to enter the country on a tourist visa to visit my mother. (agent became suspicious of me because i said i was visiting my mom)

After that i was sentenced to 10 years away from US.

My mother became US citizen in 2015.

In 2016 i tried to get a tourist visa but was denied.

Is there any other options for me to visit her in the US.

I hear there's special holiday visa. how can i apply for that?

Ps: also my mom has filled for my green card since im CHILD of USC, im in the process of waiting for that (dont wanna wait 12-15 years to be able to visit).

Im thinking about starting some kind of law suit in order enforce my right to be able to visit my mom, since im sure any lawyer would take my case. What are my chances of getting a permit to visit based on that?

Friends tell me i should try to get a tourist but not mention that my mom is us citizen, but im reluctant to that because it would be a lie.

If anyone could help me i really appreciate.

Also, i would like to mention that i have no criminal record in US, however i have a traffic court case and have been in jail for driving with a suspended licence.

Best regards,

Thiago

[Crazy Cat 39,214]

8 minutes ago, Thiago Santana said:

Im thinking about starting some kind of law suit in order enforce my right to be able to visit my mom, since im sure any lawyer would take my case. What are my chances of getting a permit to visit based on that?

Chances are 0%.  You do not have a right to visit inside the US...in fact, you don't have any US rights..Sorry....you can, however, visit your mother in your country or another country where both you and she can enter legally.

 

So the border agent denied your entry because you said you were visiting your mother?  Doubtful....

Edited August 8, 2017 by missileman

[Boiler 43,429]

You have no rights, your Mother can visit you problem solved.

[p-ana 933]

They will have records of all your visa attempts so trying to say you don't have a relative living in the US would be extremely unwise and could likely give you a lifetime ban.

you haven't stated anything about your ties to your home country, so it's hard to evaluate your chances, but having a USC parent will count against you, having an immigrant petition filed also counts against you... so the chances are very slim.

 

as someone already pointed out, you don't have any rights to visit. A lawsuit would be pointless but it's your time and money so go ahead and do it if you'd like

[Thiago Santana 0]

Ok Guys, thanks for your help.
Im gonna try a tourist visa one more time. And work on my ties' arguments a little bit.

It appears like i have no choice but to wait for my greencard petition to go throught.

Thanks again and God bless you all!

[Coco8 1,039]

54 minutes ago, Thiago Santana said:

Friends tell me i should try to get a tourist but not mention that my mom is us citizen, but im reluctant to that because it would be a lie

They already know who your mum is so basically you would get another ban for misrepresentation

 

55 minutes ago, Thiago Santana said:

In 2005 i was denied access to the united states while trying to enter the country on a tourist visa to visit my mother. (agent became suspicious of me because i said i was visiting my mom)

After that i was sentenced to 10 years away from US.

This makes no sense to me.  But whatever. The only way to get such a long ban is due to misrepresentation or fraud, not because someone is suspicious for visiting. 

 

56 minutes ago, Thiago Santana said:

Ps: also my mom has filled for my green card since im CHILD of USC, im in the process of waiting for that (dont wanna wait 12-15 years to be able to visit).

If you are single the wait is 7 years or so. If you had a ban, it is going to be very hard to get a visitor visa. Plus, she filed an application for you to get a green card. I think there is not much you can do.

 

58 minutes ago, Thiago Santana said:

Also, i would like to mention that i have no criminal record in US, however i have a traffic court case and have been in jail for driving with a suspended licence.

Is this in the US? Why was your license suspended in the first place? Driving violations are very serious in the US. They might not be in other countries but people have lost their green cards due to DUI and all sort of things.

 

[Thiago Santana 0]

Thanks again for all the help guys.

 

About my ban: I was sent to the further questioning when i mentioned i was visiting my mom. Then, they found out i had overstayed for 8 months.

 

About my greencard:

Im married so people tell me it can take up to 15 years for me to get my greendcard. Is that true?

 

My traffic court problemns: My drivers license was suspended due to unpaid traffic tickets.

[Thiago Santana 0]

One more thing: my wife is italian citizen. Soon im getting new italian passports. Italians dont need visa to enter the US; So in theory im gonna be able to use my italian passport to enter the US.  Do you think i might have problems when using that passport to enter the US?

[Boiler 43,429]

5 minutes ago, Thiago Santana said:

Thanks again for all the help guys.

 

About my ban: I was sent to the further questioning when i mentioned i was visiting my mom. Then, they found out i had overstayed for 8 months.

 

About my green card:

I'm married so people tell me it can take up to 15 years for me to get my greendcard. Is that true?

 

My traffic court problems: My drivers license was suspended due to unpaid traffic tickets.

ROFL

[Coco8 1,039]

11 minutes ago, Thiago Santana said:

So in theory im gonna be able to use my italian passport to enter the US.  Do you think i might have problems when using that passport to enter the US?

I know people who have double nationality and use their "other" passport for the US. However, you have to be careful because you've travelled under your other passport before and they will not like that. A friend's brother travelled to the US with one passport and then in another opportunity he travelled with the other passport, and he almost got deported. They thought he had fake passports and whatnot. Maybe they though he was a criminal. 

 

Moreover, for the Italian passport you'd have to get ESTA to travel to the US. But you cannot use ESTA if you have had a ban like yours. Even when you had the ban with the other passport, you are the same person. 

 

So I think you'll end up having the same problem.

[geowrian 22,335]

I'm sure there's plenty of lawyers willing to take on the case. Doesn't mean they could do anything about it, but I'm sure they'll take the check.

 

20 minutes ago, Thiago Santana said:

About my ban: I was sent to the further questioning when i mentioned i was visiting my mom. Then, they found out i had overstayed for 8 months.

Yeah...probably should have mentioned that a LOT sooner (for several reasons).

 

Quote

About my greencard:

Im married so people tell me it can take up to 15 years for me to get my greendcard. Is that true?

Yup. The exact time is just an estimate. Taking 15 years is possible (albeit I think the current delay is about 13 years?)

 

17 minutes ago, Thiago Santana said:

One more thing: my wife is italian citizen. Soon im getting new italian passports. Italians dont need visa to enter the US; So in theory im gonna be able to use my italian passport to enter the US.  Do you think i might have problems when using that passport to enter the US?

Yup. No visa is needed, but an ESTA is. You are ineligible for an ESTA with a past overstay. The requirement follows a person, not a passport.

Edited August 8, 2017 by geowrian

[Crazy Cat 39,214]

8 hours ago, Thiago Santana said:

One more thing: my wife is italian citizen. Soon im getting new italian passports. Italians dont need visa to enter the US; So in theory im gonna be able to use my italian passport to enter the US.  Do you think i might have problems when using that passport to enter the US?

Of course you will have problems.  The US border people are not as stupid as you might think.  They are trained to detect and exclude people who try to circumvent bans and the laws of our great country.  You have abused the good will of the United States, and you just have to pay the price.  That means waiting out your ban and getting a GC through your mother.  Your chances of entering via ESTA are ZERO.  Your chances of another visitor visa are ZERO.  Your chances of winning ANY kind of lawsuit against the US for your "rights" are ZERO. Your chances of finding a special holiday visa are ZERO.

 

Thank you.  You have given me another example to include in my book.

 

[Thiago Santana 0]

Ok Everyone,

Thanks again for your help with my issue.

After reading all this i think Im not even gonna try a tourist visa again.

Im glad I still have the greencard option so im gonna patiently wait for that.

God bless you all and God bless America.

Cheers,

[mallafri76 1,012]

11 hours ago, Thiago Santana said:

One more thing: my wife is italian citizen. Soon im getting new italian passports. Italians dont need visa to enter the US; So in theory im gonna be able to use my italian passport to enter the US.  Do you think i might have problems when using that passport to enter the US?

No you won't be able to get into the US with your Italian passport. You might have a new passport but your previous issues still exist. As an Italian, you travel under the VWP. When you travel under the VWP, you need an ESTA and you can't get an ESTA with a previous denied entry and certainly not with a ban, which means you still need a visa to enter the US.

 

The Italian passport will help you visit other countries more easily but you're still not gonna get into the US. 

 

If you're living in Italy, why don't your mum come visit you? Italy is beautiful and so much to see. 

[T_P 872]

If the intention is visiting only, couldn't she just travel to Brazil instead?