VISA DENIED : what to do next?

[honda99 0]

my mother had interview(07/30/2009) on bases of IR5 category in India and visa is denied the reason given is overstays on visit visa, my mother overstayed for 1 month or so back in 2004.

not sure what to do next, i spend hell lot of money and go through all the trouble of arraging and paperwork and go through medical exam and spend lot of money and in the result the visa is denied.

why not the NVC told me about overstayed?

i'm confused need help.

[TayRivers 4]

my mother had interview(07/30/2009) on bases of IR5 category in India and visa is denied the reason given is overstays on visit visa, my mother overstayed for 1 month or so back in 2004.

not sure what to do next, i spend hell lot of money and go through all the trouble of arraging and paperwork and go through medical exam and spend lot of money and in the result the visa is denied.

why not the NVC told me about overstayed?

i'm confused need help.

Did you not know that your mother had overstayed her visa? The the interviewing officer give any options or was it just a total denial. She would have been given a paper that will give her the code the the denial come under. If you can tell us what that code is we will maybe be able to sugest ways that you might be overcome the denial.

[Chica Yeyé 41]

Denial for 1 month overstay? that's a bit harsh

In any case, did they give you options? waivers you could file? they usually do.

[Zen Den 18]

sorry to hear this, but since the decision was already given, you need to appeal your case, but before you do you have to have a reason for appeal, for instance it wasn't true that your mother overstayed, if it was true it was for a very justifiable reason, maybe your mother didn't understand the question...because if she did overstay and she did state in the application that she did (there is a question there that asks you that) then that constitutes lying which no consul tolerates, which means no sense appealing the case, just have here reapply in the future!

[honda99 0]

the person who was interviewed my mother said, all the paper is good except the fact that you overstayed and if you bring the paperwork which permit you to stay then he is happy to give you the visa, however he handover some paperwork but not sure what code he mentioned but I'm still waiting for my mother to email me and i will post more detail soon.

[Chica Yeyé 41]

the person who was interviewed my mother said, all the paper is good except the fact that you overstayed and if you bring the paperwork which permit you to stay then he is happy to give you the visa, however he handover some paperwork but not sure what code he mentioned but I'm still waiting for my mother to email me and i will post more detail soon.

oh well, there you go --- they must havew given her the waiver forms. Do keep us posted when you hear from her

[furiousng 2]

There is probably a recourse in the paperwork given to her after the denial. If she has to file a waiver then that is what you must do. Good luck as you resolve the issue...

[honda99 0]

my mother got blue letter with the following:

The consulate general regrets it is unable to issue a visa at this time. Section 221(g) of the US immigration and Nationality act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with his or her visa application or who has otherwise failed to meet the requirements of US law or regulations governing the issuance of a visa.

the following remarks apply in your case:

Documentation issued by the Bureau of Citizenship and immigration service (formerly INS) proving that you were lawfully present in the US from jan 2002 until feb 2004

my mother voluntarily departed from the States without expense to the US government and without an order of removal or deportation having been entered (just to attend my brother wedding) in 2004.

do i have to file for 601 form?

[TayRivers 4]

my mother got blue letter with the following:

The consulate general regrets it is unable to issue a visa at this time. Section 221(g) of the US immigration and Nationality act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with his or her visa application or who has otherwise failed to meet the requirements of US law or regulations governing the issuance of a visa.

the following remarks apply in your case:

Documentation issued by the Bureau of Citizenship and immigration service (formerly INS) proving that you were lawfully present in the US from jan 2002 until feb 2004

my mother voluntarily departed from the States without expense to the US government and without an order of removal or deportation having been entered (just to attend my brother wedding) in 2004.

do i have to file for 601 form?

So was she in the US from 2002 until 2004?

[honda99 0]

not sure but this is what they saying

i heard about waiver form so should i file i-601?

[TayRivers 4]

not sure but this is what they saying

i heard about waiver form so should i file i-601?

Your mother must know if she was in the US for 2 years.. so she has been given a 10 year ban on re-entry. You will have to prove extreem hardship to you for her to get a waiver. Not sure howyou will get over this.

First you need to find out for sure is she was in the US from 2002 to 2004. You may also need the help of a immigration lawyer.

[Bobby+Umit 161]

my mother got blue letter with the following:

The consulate general regrets it is unable to issue a visa at this time. Section 221(g) of the US immigration and Nationality act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with his or her visa application or who has otherwise failed to meet the requirements of US law or regulations governing the issuance of a visa.

the following remarks apply in your case:

Documentation issued by the Bureau of Citizenship and immigration service (formerly INS) proving that you were lawfully present in the US from jan 2002 until feb 2004

my mother voluntarily departed from the States without expense to the US government and without an order of removal or deportation having been entered (just to attend my brother wedding) in 2004.

do i have to file for 601 form?

This is saying they think your mother was in the US for 2 years or so (Jan 02 - Feb 04). They want proof that she was there "legally" during that time.

If you cannot provide that information, then she is subject to the 10 year ban and will need to file for a waiver.

Strange - you say 1 month overstay - the US is saying at least 2 years overstay - which is it?

[Otto 83]

Strange - you say 1 month overstay - the US is saying at least 2 years overstay - which is it?

Curious indeed...

[honda99 0]

my mother got blue letter with the following:

The consulate general regrets it is unable to issue a visa at this time. Section 221(g) of the US immigration and Nationality act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with his or her visa application or who has otherwise failed to meet the requirements of US law or regulations governing the issuance of a visa.

the following remarks apply in your case:

Documentation issued by the Bureau of Citizenship and immigration service (formerly INS) proving that you were lawfully present in the US from jan 2002 until feb 2004

my mother voluntarily departed from the States without expense to the US government and without an order of removal or deportation having been entered (just to attend my brother wedding) in 2004.

do i have to file for 601 form?

This is saying they think your mother was in the US for 2 years or so (Jan 02 - Feb 04). They want proof that she was there "legally" during that time.

If you cannot provide that information, then she is subject to the 10 year ban and will need to file for a waiver.

Strange - you say 1 month overstay - the US is saying at least 2 years overstay - which is it?

this is the new battle that i have to fight.

would you tell me what form is the waiver that i need to file?

thanks all.

[TayRivers 4]

this is the new battle that i have to fight.

would you tell me what form is the waiver that i need to file?

thanks all.

First you need to know if your Mother was in the US for over 2 years. Until you know that you will not be able to take the correct action to try and get this sorted out.