IR5 For Parents (Mom Overstayed 8 Years)

[Rajeev Malya 0]

Hi,

I am a USC and have filed IR5 for my parents. My mom overstayed in US from 1993 to 2002 (8 Years)on Visiting Visa B2. After that she came back voluntarily and their immigrant visa was denied in 2003 (Category F4 filed by my mom's brother). I believe she triggered 10 Year ban for herself. Now currently I am a USC and its been just above 10 Years my mother is outside US and completed the 10 year ban. I have filed IR5 for them. Uptil now everything is going good. Petition is approved. Case is in NVC and we are in process of sending documents.

I am wondering that, will we face same problem that we had faced earlier of denial due to overstay or the completion of 10 year ban will allow my parents to come to US.

Or do I need to file I-601 Waiver, I am not sure if applying for waiver still applies to us as my mother has already completed 10 Years outside US.

Any thoughts would be appreciated.

Thanks

[ceadsearc 516]

If she has served out her ban she will be eligible for a visa. You may have to provide documentation of that, I honestly don't know. But if all she had was the 10-year ban for an overstay and it has been served then you can petition her.

[benuk 18]

Hi,

I am a USC and have filed IR5 for my parents. My mom overstayed in US from 1993 to 2002 (8 Years)on Visiting Visa B2. After that she came back voluntarily and their immigrant visa was denied in 2003 (Category F4 filed by my mom's brother). I believe she triggered 10 Year ban for herself. Now currently I am a USC and its been just above 10 Years my mother is outside US and completed the 10 year ban. I have filed IR5 for them. Uptil now everything is going good. Petition is approved. Case is in NVC and we are in process of sending documents.

I am wondering that, will we face same problem that we had faced earlier of denial due to overstay or the completion of 10 year ban will allow my parents to come to US.

Or do I need to file I-601 Waiver, I am not sure if applying for waiver still applies to us as my mother has already completed 10 Years outside US.

Any thoughts would be appreciated.

Thanks

Did she ever went back to the US during those 10 years even for a visit?For what I understand she won't have any problem but still she could be ask during her interview by a CO regarding her overstay and she just have to say the truth and nothing else.How are you already thinking in a waiver if you don't know the outcome of her interview??If she paid her debits with US Immigration you have nothing to worry!Stay positive and carry on with your process!

Best wishes

Edited April 20, 2012 by benuk

[Rajeev Malya 0]

Did she ever went back to the US during those 10 years even for a visit?For what I understand she won't have any problem but still she could be ask during her interview by a CO regarding her overstay and she just have to say the truth and nothing else.How are you already thinking in a waiver if you don't know the outcome of her interview??If she paid her debits with US Immigration you have nothing to worry!Stay positive and carry on with your process!

Best wishes

Thanks for reply. I will stay positive hoping for the best. Thanks

Did she ever went back to the US during those 10 years even for a visit?For what I understand she won't have any problem but still she could be ask during her interview by a CO regarding her overstay and she just have to say the truth and nothing else.How are you already thinking in a waiver if you don't know the outcome of her interview??If she paid her debits with US Immigration you have nothing to worry!Stay positive and carry on with your process!

Best wishes

Thanks, I will stay positive and continue the process.

[sony2001 7]

Rajeev Malya

Could you please share some of the questions that were asked to your parents during the interview,and was the visa denied because of the overstayed?Please because we are in the same situation and waiting for interview in a few months.Thanks