Visitor visa cancellation after green card application

[arvn2017 0]

Hello,

 

Need advice on whether a visitor visa gets cancelled after applying for a green card.

 

My mother has/had a ten year multiple entry visa that expires in April 2022. I had applied for her green card in 2014, and due to unforeseen and urgent circumstances, she had to leave for India in July 2015 before the green card scheduled interview date in August 2015.

 

Below is a brief timeline information

10/7/2013 - Entered United States on valid visitor visa. I-94 was until 04/06/2014

3/19/2014 - We filed for Extension of stay

6/17/2014 - Proof of foreign residence requested by USCIS - To be submitted within 33 days - which we did - We have proof from USPS with date/time tracking

7/22/2014 - Denied extension of stay due to not submitting Proof of Residence within 33 days (Denied due to abandonment)

At this time, she was already overstaying her I-94 due to the extension application having been denied

10/2014 (Exact date not available) - Applied for Green Card for my mother

11/2014 to 07/2015 - Went through all the process of fingerprinting and the necessary steps

07/08/2015 - My mother left for India

08/05/2015 - Scheduled interview date that she did not attend

 

Based on the information above, I would like to know, if her visitor visa is still valid or would it have been cancelled when we applied for her green card. Can she still travel to the US with the current visitor visa that has validity till April 2022?

 

Thanks in advance.

 

 

 

[Boiler 43,434]

Voided as soon as she overstayed.

 

You can still sponsor her the regular way, not sure of she has a ban. If she does she needs a qualifying relative to file a waiver.

[gregcrs2 1,777]

NO....and that was a massive overstay!

[Cyberfx1024 7,978]

I have to agree with Boiler on this as well. Your mother's green card was null and void the day after she overstayed. She might even have a ban now due to how long she overstayed and never adjusted status.

Edited November 30, 2017 by cyberfx1024

[arvn2017 0]

I know the green card processing is null and void. I am asking about the B1/B2 visa that is valid until 2022. How would that be voided when we applied for an extension of stay (although denied) and then applied for a green card as well?

[Cyberfx1024 7,978]

1 minute ago, arvn2017 said:

I know the green card processing is null and void. I am asking about the B1/B2 visa that is valid until 2022. How would that be voided when we applied for an extension of stay (although denied) and then applied for a green card as well?

That's what we are trying to tell you is that the B1/B2 tourist visa is NULL and VOID now. It was voided after the extension was denied, and she probably won't be able to get another one either. Why didn't she just wait for her green card?

[Boiler 43,434]

It was denied and she overstayed, should have left on time.

[arvn2017 0]

16 minutes ago, cyberfx1024 said:

That's what we are trying to tell you is that the B1/B2 tourist visa is NULL and VOID now. It was voided after the extension was denied, and she probably won't be able to get another one either. Why didn't she just wait for her green card?

Ok, please bear with me while I try to understand.

 

In the past (circa 2005/2006), my mom had B1/B2 with which she had traveled to the United States, and we had filed an extension of stay at that time. It was denied then, and she left after we received the notification that it was denied. She had subsequently traveled on the same B1/B2 quite a few times after that (2007, 2008, 2009, and 2011) with no issues. It's only AFTER the original B1/B2 expired that we applied for her new B1/B2 in 2012.

 

I was under the impression that the extension is only for the I-94, as the visa by itself has a validity till 2022. How was she able to do that in the past then?

 

Please help me understand. 

[car0593 42]

Her visa is canceled the day she overstayed... this would not be true IF the extension would have been approved.... but since it didn't shes out of luck.... if you overstay past 6 months this is a 10 year ban.... she will have to apply for a waiver i601 before you start her GC process again

 

[Unlockable 7,306]

There are several things in play here. You filing multiple extensions for her stay here, her overstaying her visa, and having an immigration petition out on her by you.

 

Remember, having a visitor visa is a PRIVILEGE. It can be taken away at any time. When your extension got denied your mother should have immediately went home. But because she had a lot of time accrued of overstay, it affected her visa. Add to the fact that she was trying to Adjust Status while on this visa, immigration basically said she is too much of a risk to get a new visitor visa.

 

Only option now is to apply for family visa. Not likely for her to get another visitor visa because she has a history of prolonged stay.

[WeGuyGal 1,052]

Visas are liable to be voided any time if holder abuses privileges, which mom appears to be guilty of. Should've left day after extn denial.

 

Making matters worse, she proceeded to leave at the most inopportune moment, gambling on an interview waiver which USCIS didn't play along with. 

[Boiler 43,434]

Interview waiver?

[WeGuyGal 1,052]

Are all AOSers interviewed?

[arvn2017 0]

Ok, thanks for the information folks. I guess, we will start a conversation with an immigration attorney to see if we can pick up where we left off with the green card application then.

[WeGuyGal 1,052]

She has to decide either a) visitor visa, requiring strong ties to India, or b) green card, requiring permanent residence in the US. Can't be both.