Jump to content
Sign in to follow this  
Vanessa Bertrand

Admission Withdrawn

12 posts in this topic

Recommended Posts

I badly need help on something.

My mom had immigration proceedings in Detroit, MI last April 2012.

Here's what happened. She came to the United States in August 2011 and went home to the Philippines on February 2012 for my graduation. She went back to the US in April 2012 and then she was sent back to the Philippines because "SHE WAS BACK SO SOON".

Her visa is a Tourist/Visitor's visa in multiple entries. Her visa was cancelled. However, she wasnt removed or deported. She voluntarily withdrew her admission so she will not fall under the 5 year suspension rule.

I filed for her petition using I-130 but I was denied because Im not yet 21.

How can I get her here to come back? Please help me. Thank you. :)

Share this post


Link to post
Share on other sites

She has to demonstrate strong ties to her home country in order to get a tourist visa.

Besides that, I think the reson for sending her back was more or less having spent more time in the US than in home country over a rolling year. It's 6 months from August til February however the 6 months are part of a rolling year so she already spent 180 days in the US from August 2011 until August 2012. The only way to "even it out" is by spending time in home country.

I have no idea if the denied petition will affect the outcome of a tourist visa.


K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

Share this post


Link to post
Share on other sites

I badly need help on something.

My mom had immigration proceedings in Detroit, MI last April 2012.

Here's what happened. She came to the United States in August 2011 and went home to the Philippines on February 2012 for my graduation. She went back to the US in April 2012 and then she was sent back to the Philippines because "SHE WAS BACK SO SOON".

Her visa is a Tourist/Visitor's visa in multiple entries. Her visa was cancelled. However, she wasnt removed or deported. She voluntarily withdrew her admission so she will not fall under the 5 year suspension rule.

I filed for her petition using I-130 but I was denied because Im not yet 21.

How can I get her here to come back? Please help me. Thank you. :)

There is nothing you can do.

Based on the time that your mother spent in the US, it does seems that she was abusing the tourist visa to live in the US until you could legally petition for her.

Your mother has immigrant intent, so she is unlikely to get another tourist visa.

You must be 21 years old to petition for her.

There is no other way.

Sorry.

Share this post


Link to post
Share on other sites
Her visa is a Tourist/Visitor's visa in multiple entries. Her visa was cancelled. However, she wasnt removed or deported. She voluntarily withdrew her admission so she will not fall under the 5 year suspension rule.
I know. but i want her here. (( so bad. i have like 1 more year i just turned 20.

If you push your mother to get ANOTHER tourist visa, it will just create a BIGGER problem for both of you.

It is possible that your mother's name is already on the US Embassy's "watch list", so it's pointless for her to apply again.

Share this post


Link to post
Share on other sites

*** Thread moved from K-1 Process to Tourist Visas forum -- topic pertains to tourist visa. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites

Sounds like you need to be the one doing the visiting.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

I badly need help on something. My mom had immigration proceedings in Detroit, MI last April 2012.Here's what happened. She came to the United States in August 2011 and went home to the Philippines on February 2012 for my graduation. She went back to the US in April 2012 and then she was sent back to the Philippines because "SHE WAS BACK SO SOON".Her visa is a Tourist/Visitor's visa in multiple entries. Her visa was cancelled. However, she wasnt removed or deported. She voluntarily withdrew her admission so she will not fall under the 5 year suspension rule.I filed for her petition using I-130 but I was denied because Im not yet 21.How can I get her here to come back? Please help me. Thank you. :)

Here's what happened:

1. Your mother was on a tourist visa - which allows visits for up to 6 months at a time, as a tourist.

2. She spent 6 months in the US, returned to the Philippines, and tried to re-enter only a couple months later (for another 6 months?)

3. The CBP in Detroit did not believe that she was a genuine tourist. Their reasoning for this is clear, who spends 6 months in the US as a tourist, returns home and comes back to spend another long term vacation? The CBP suspected she was using the visa to de facto live in the US - which is not what the tourist visa is intended for.

Here are your options:

1. Wait until you're 21 and file an I-130 for your mother. Wait in line until she gets her immigrant visa. She can them move to the US and live here.

2. Have her apply for another tourist visa - This probably isn't going to be approved, as she'll have a hard time convincing the embassy in Manila that she only intends to use it for tourism purposes.

The fact that she didn't get a 5 year bar doesn't mean she will get a new visa within 5 years. It means she can still apply for a visa. Immigration is the only area in US law where you are guilty until proven innocent, meaning it's up to your mother to prove she's a genuine tourist, not on the embassy/CBP to prove she's not.

Share this post


Link to post
Share on other sites

Okay so I am finally 21 yrs old!! last Sept 17. and I immediately filed for my mother's petition on Sept. 20. SO hopefully it will be quick.

Belated happy birthday. Best of luck. good.gif

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×