hi there...


please please help me or guide what is the next step should i do in order for me to bring my mother for a visit

i'm green card holder and my mother was here 3 years ago and i want to call my mother again for a visit,

my mother went to USA embassy (in INDIA) and they said :

my mother over stay in USA that's why we can not grant visa but my mother said, we have applied for extensions then the USA embassy folks said, bring those papers and we will consider again

my question is:

what are the chances? and i did applied extensions and i paid $140 every 6 months (i do have all the papers which i send for extensions) and finally i don't hear anything from Immigration department in USA then finally my mother decided to go back to INDIA

can anybody please guide me or show me what is the right approach to handle this situation?

dsmportal,

The right approach is to have an immigation attorney review your paper work to determine just what they prior situation was, and perhaps to have the attorney write the letter to the consulate explaining why there was no overstay if that's what the papers show.

Yodrak

APPLYING for an extension and having it granted are two quite separate things. If the extension was granted then one presumes that there is a stamp in her passport? How hard can it be when she submits her passport to say there is the extension?

Of course if the application was denied she is now subject to whatever statutory ban exists.

A few assumptions here so correct anything wrong:

You Mother entered the US on a B2 with an I-94 (the crd stapled to her passport) granting a 6 month stay.

At some point before the expiry of her I-94 you applied for an extension:

1) What was the reason you gave.

2) Did you recieve a Notice of Action, it would have a number on it to enquire about its staus.

3) If the application was approved she would have been sent a new I-94, which she would have handed back in when she left.

4) You imply that you sought another extension, for how long and why and did you get any documents as above.

Once your Mother had been here longer than 180 past her original leaving date without an approved extension then she would be subject to a 3 year ban on re-entry. A moot point as it is unlikely she would ever get a Vistors Visa again. How long did she overstay? It may have an impact if you want to sponsor her asssuming you eventually go for Citizenship.

>>>At some point before the expiry of her I-94 you applied for an extension:

1) What was the reason you gave.

not sure i remember but i did get 6 more month extension.

2) Did you recieve a Notice of Action, it would have a number on it to enquire about its staus.

yes, i did receive a notice of action with number.

3) If the application was approved she would have been sent a new I-94, which she would have handed back in when she left.

yes i got new i-94 but again my mother stay for 3 years and i did applied for extension till 3 years but no reply nothing from immigration.

4) You imply that you sought another extension, for how long and why and did you get any documents as above.

yes i did get extension for first time i applied and after that i dont get any notice of action and after i called them they send me a bunch of required documents and which i have collected and sent to the INS but after that i did not hear anything and finally my mother decided that she wants to go back to India.

>>Once your Mother had been here longer than 180 past her original leaving date without an approved extension then she would be subject to a 3 year ban >>on re-entry.

again, when my mother went to USA embassy in India, they asked for the extension papers and my mother said i dont have with me and US embassy person said, bring those papers.

but i'm not sure what are the chances i'm taking here and on my mother's passport there dont put the stamp of reject, what does it mean again ?



>>>How long did she overstay?

around 3 years





my mother was saying the US embassy person dont even bother to look at the papers, she just looked at passport and scan the passport thats it... i'm afraid that if i send the papers after attorney review, will the officer see my papers? i guess i have to take this risk again.....

thanks.



you dont get stamp on your passport for extension, you just get a new i94

does anybody tell me what are the creteria for ban ?

If you want to pass it by a lawyer by all means do so.

To have got a 3 year extension she would have had to be in a coma, it just does not happen, you did quite well to get one extension.

She has a 10 year ban on re-entry, technically she could file a I-192, no harm in trying but the chances of success are very low.

i did not say i got 3 year extension

what i have said or trying to tell is that:

first time i got extension for 6 months
second time i just got notice saying we will let you know
third time - no reply
fourth time - no reply and finally when i called them they send me a bunch of questions with bunch of papers which i provide all of that and after that i no reply and then my mom finally left USA.

what does it mean?

thanks.

We have a language problem.

1. To get an extension you need a good reason, I get the impression that they were more generous a few years back than they are now.

2. So whatever reason you used she did get an extension and a new I-94.

3. You then tried for another extension, this is a Visitors Visa, not one for living in the US, the chances of a second extension being granted is extremely low, I have never seen it happen.

4. I can not work out if after the first extension expired she staid here 2 or 3 years, it does not really matter, once she had been here more than 1 year without a valid I-94 she has a 10 year ban on re-entry.

5. I understand it is not that easy to get a B2 in India at the best of times. With this overstay and ban her chances of a waiver and getting another visa are very very low.

5. If you want her to live here then you need to get Citizenship and then sponsor her, obviously you now also have a ban to deal with.

6 If you received documentation then you ahve a reference number to follow up on, seems difficult to believe it was not a refusal.

here is the response i got from US consulate after writing email to them and asking, the status of my mother's application and do we need to approach again with the extensions paper which we filed?

and here is the response from them....


Kindly note that your case is under administrative process it is not recommended for you to reapply till the process gets over.

what does it mean, is this positive message or ?

please help me.

thanks

A 3 year overstay in today's climate--I think you can fully expect that a 10-year ban will not be waived. She has already given clear indication that she has insufficient regard for the requirement to leave at the end of her authorization. Even after the ban, she will have to overcome the belief that she will overstay again. 3 years is a huge violation. Maybe it's time to consider visiting her instead of her visiting you.

Best advice. 3 years overstay is a big violation. Best for you to visit her.

[size="5"][/size]hi this is manmeet .i am a new member of this forum and almost like u have a same situation.can someone plz advice me .will be very greatful.i am married to a green card holder and after five years my date is current in the f2a category and soonin november have my interview.in 2003 i had applied for a b1/b2 visa to visit my own blood sister and my visa was issued .i entered united states in 2003 december and my visa was valid till june 2004.my sister applied an extention for me and i was granted my first extention till october 31st 2004.my sister applied for an second extention but unfortunately the ins received our application after my extention expired and in december 2004 i received a notice of action from the immigration department tht my second extention was denied coz they received my extention request after my status expired .so in tht notice of action i was given 181 days from october 31st 2004 with a i-94 to depart the united states.from october 31st my sister counted the 181 days and i departed the united states on 25th april 2005 .according to immigration i did not overstay coz i departed the united states before 181 days.i have tht letter with me too.so will this be a problem during my immigrant visa interview and if the visa officer asks tht did u overstay should i show him the letter or wht shall i do then.plz help .

If you did not oerstay beond the 180 days you do not have a ban, sounds like it would have run out by now anyway.