I-601

[benabena 0]

My mom came here in 2008. Before her 6 months visitor visa was to expire we filled an I-539. We did get the receipt for this. She overstayed 9 months waiting for an answer but we never got one; and is 2011. We checked the case status on line and is still under initial review. My mom had to go back in Europe because her passport was expiring. So we never got an answer and she left.

In 2009, March we put the papers for permanent visa at immigration. Everything went ok and this week she went to the final interview at the Embassy in Europe. Her visa was denied and even her B2 visa was not available for her anymore. The lady there told her that she stayed here illegally and that I-539 was denied.

I found out that the I-539 was denied on February 2009 and my mom left in September 2009. They said that the letter was mailed but we never got it. On line the case is still showing under "initial review". How could we have known about the denial if we got nothing. Now we have to fill the I-601 to waive that overstay.

Do you think a lawyer could help due that we never got the letter from them?

It is not our mistake but what can we do?

If they deny the I-601, we pay for their mistake?

Did anybody filled an I-601? What happened?

Thank you

I appreciate your time

ps: my mom is 78 years old

[Sergi9 110]

My mom came here in 2008. Before her 6 months visitor visa was to expire we filled an I-539. We did get the receipt for this. She overstayed 9 months waiting for an answer but we never got one; and is 2011. We checked the case status on line and is still under initial review. My mom had to go back in Europe because her passport was expiring. So we never got an answer and she left.

In 2009, March we put the papers for permanent visa at immigration. Everything went ok and this week she went to the final interview at the Embassy in Europe. Her visa was denied and even her B2 visa was not available for her anymore. The lady there told her that she stayed here illegally and that I-539 was denied.

I found out that the I-539 was denied on February 2009 and my mom left in September 2009. They said that the letter was mailed but we never got it. On line the case is still showing under "initial review". How could we have known about the denial if we got nothing. Now we have to fill the I-601 to waive that overstay.

Do you think a lawyer could help due that we never got the letter from them?

It is not our mistake but what can we do?

If they deny the I-601, we pay for their mistake?

Did anybody filled an I-601? What happened?

Thank you

I appreciate your time

ps: my mom is 78 years old

If my case had this fact pattern I would hire Carl Shusterman. He will be expensive but worth it.

Website:

http://shusterman.com/

[Bobby+Umit 161]

My mom came here in 2008. Before her 6 months visitor visa was to expire we filled an I-539. We did get the receipt for this. She overstayed 9 months waiting for an answer but we never got one; and is 2011. We checked the case status on line and is still under initial review. My mom had to go back in Europe because her passport was expiring. So we never got an answer and she left.

You only checked online? You never called when it went over 8 months? When exactly did you file the I-539?

In 2009, March we put the papers for permanent visa at immigration. Everything went ok and this week she went to the final interview at the Embassy in Europe. Her visa was denied and even her B2 visa was not available for her anymore. The lady there told her that she stayed here illegally and that I-539 was denied.

This is correct, if you file for an I-593, and it's denied, you lose your existing visa that you used when filing (and will have to apply for a new one).

I found out that the I-539 was denied on February 2009 and my mom left in September 2009. They said that the letter was mailed but we never got it. On line the case is still showing under "initial review". How could we have known about the denial if we got nothing. Now we have to fill the I-601 to waive that overstay.

Correct, they are not responsible for the USP to deliver your notice. You would have to prove you didn't get that notice, which is problematic to say the least.

Do you think a lawyer could help due that we never got the letter from them?

Perhaps.

It is not our mistake but what can we do?

You would have to prove that. You can file for the waiver.

If they deny the I-601, we pay for their mistake?

Look at it in their shoes, did you skip the letter, just to stay in the US, then claim you "never got it". You should of called instead of relying on the online status.

Did anybody filled an I-601? What happened?

Lot's of people have, and most are successful.

Thank you

I appreciate your time

ps: my mom is 78 years old

[Brother Hesekiel 2,236]

I do not want to enter a rant about how inefficient and unjust "the system" sometimes can be. But when you mentioned your mother's age of 78 years, I hope you understand that the immigration people want prove that you can pay the out-of-this-world health care cost for her. I only know that some people pay $30K per year for a retired parent; at age 78 my guess is that it would cost a lot more than that, most likely like $50 to $60K annually. Keep in mind that since your mother never paid into the system, she won't get a penny out of it as long as she lives.

[benabena 0]

I never called because the i-130 went ahead so I assumed that everything is ok with the I-539. I checked my sister case on the same site and was always updated, never thought that there should be something wrong. Do you think that if I would have known about the denial I would have paid so much money for the i-130? That was not the first visit here for my mom, she always left in time; my sister and my niece, too. If I would have had the denial my mom would have left the next week, she would have been overstayed only for 6 weeks not for 8 months.