VISA DENIED : what to do next?

[honda99 0]

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.

i'm trying to understand which battle is the easy one

let say, if we say... yes we live 2 years then what should i do in that regards ?

let say, if we don't live 2 years then what should i do in that regards?

thanks.

[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.

i'm trying to understand which battle is the easy one

let say, if we say... yes we live 2 years then what should i do in that regards ?

let say, if we don't live 2 years then what should i do in that regards?

thanks.

If you are saying your Mother was not in the US durring 2002 to 2004 then you will need to have proof of the dates she left the US. She would have stamps in her passport for when she entered the US and possibly from when she enter her home country. She would also have had a I-94 that would have been removed from her passport when she left the US.

If she was in the US for over 2 years and is now banned from entry for 10 years, she will need a waiver to overcome that 10 year ban, this is going to be hard for you to prove Hardship to the USC.

I do have to say its sounds like you are not being 100% truthful about her time in the US. It is always a very bad idea to lie to USCIS, trhat can be classed as misrepresentation and will get your mother a lifetime ban that can not be overcome.

[honda99 0]

thanks Tay.

one thing i dont understand is why did NVC or my 130 accept if this is the case of 10 years ban? they could have easily told me up-front that you can not file for this applicant because of overstayed?

Edited July 31, 2009 by honda99

[TayRivers 4]

thanks Tay.

one thing i dont understand is why did NVC or my 130 accept if this is the case of 10 years ban? they could have easily told me up-front that you can not file for this applicant because of overstayed?

It is not NVCs job to decide if your mother is admisable or not, they check the documents that are needed to prove she is your mother. It is up to the interviewing officer at the embassy to determin is she is admisable and if not they they tell the applicat why they have been denied.

I do have to say that your comment about finding the easiest way to get around this issue, raises red flags with me let alone immigration.

It is not a case of well if I say that..... it will be easy to get approved.. what maters is the TRUTH. she either did stay for 2 years OR she did not...

One thing I just thought of is what did you put on the DS-230 where you have to list all entry and exit dates in to the US? Did you lie on there two? Because if you did you are screwed big time.

Edited July 31, 2009 by TayRivers

[Pook 0]

Everything you told them is the question that they gonna ask your mom on her interview. If you can proof that she didn't OVER STAY no matter how long. That's mean you have a 2nd change to get a visa for her if you can proof it. But in the another hand if she OVER STAY and you try to say "no". The embassy will know because they have all the information in the computer.

[NArocks 13]

Honda did you not know your mom overstayed? Was this something you just realized? This makes a big difference

[aaron2020 11,651]

thanks Tay.

one thing i dont understand is why did NVC or my 130 accept if this is the case of 10 years ban? they could have easily told me up-front that you can not file for this applicant because of overstayed?

It is your responsibility to determine if your mom was eligible for a visa before you petitioned for her. Why do you expect the USCIS and NVC to tell you whether your Mom potentially qualifies for a visa before accepting the I-130? Only after USCIS gets the I-130, your supporting documents, and the fee for them to process the I-130 can they determine if your mom qualifies for a visa or not.

You need to stop blaming USCIS and the NVC for your mom's problem. Your mom decided to overstay her tourist visa and be in the US illegally. Furthermore, your reluctance to answer whether she overstayed a few months or 2 years is telling.

No one is entitled to immigrate to the US. It is a privilege to get an immigration visa.

You are not a victim. You took a gamble that USCIS and the NVC would not find out about your mother's overstay and you lost. Get over it.