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Asia123

Mom's I-130 withdrawn 2 years ago can I re apply?

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Hi,

I am a U.S citizen, I filed an I-130 petition for my both parents in December 2013.My dad got his immigrant visa and will be coming to the U.S next week however my mom wasn't sure if she wants to move to the U.S. She is very close to her siblings, and family plus she was building her house in Pakistan at that time so she decided to withdraw her petition. Anyways, I never contacted NVC for a year regarding her petition but then she got a letter that her case has been dismissed. To make the long story short, now that my father is coming next week she also wanted to visit with him for 2 months , she has no intention to stay in the U.S she applied for a tourist visa and got denied. My question is can I file I-130 petition for her again ? Will Nvc review it differently and will there be any problems getting her an immigrant visa ? My dad didn't have any problem getting a visa. Or what are the chances of tourist visa if we re apply? Please help !!!!

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Hi,

I am a U.S citizen, I filed an I-130 petition for my both parents in December 2013.My dad got his immigrant visa and will be coming to the U.S next week however my mom wasn't sure if she wants to move to the U.S. She is very close to her siblings, and family plus she was building her house in Pakistan at that time so she decided to withdraw her petition. Anyways, I never contacted NVC for a year regarding her petition but then she got a letter that her case has been dismissed. To make the long story short, now that my father is coming next week she also wanted to visit with him for 2 months , she has no intention to stay in the U.S she applied for a tourist visa and got denied. My question is can I file I-130 petition for her again ? Will Nvc review it differently and will there be any problems getting her an immigrant visa ? My dad didn't have any problem getting a visa. Or what are the chances of tourist visa if we re apply? Please help !!!!

If she has no intentions of staying in the US her only option of the two would be the tourist visa. An immigrant visa is only for those who intend to come to the US and stay. The fact that you live here, your father will be living here soon, and your mom already showed intentions of immigrating, probably means the chances of them believing she does not have immigrant intent is very slim. All you can do is have her apply for the tourist visa and see what happens. My guess is you and your father will have to visit her.

Good luck!

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If she has no intentions of staying in the US her only option of the two would be the tourist visa. An immigrant visa is only for those who intend to come to the US and stay. The fact that you live here, your father will be living here soon, and your mom already showed intentions of immigrating, probably means the chances of them believing she does not have immigrant intent is very slim. All you can do is have her apply for the tourist visa and see what happens. My guess is you and your father will have to visit her.

Good luck!

Nadia&sameer,

Thanks for your reply . I visit pakistan almost every year but it's my dream that my mom come once and visit me. Let me ask you something,the consuler specifically asked about the funds in my moms account in the interview . The consuler asked "where did the 10 lakhs come from in your account"? My dad owns a business and my brother told the consuler they own a business but I guess the counselor wasn't convinced because the account wasn't active in the past months and they saw a deposit of 10 lakhs in the account which was a recent transaction.My 25 year old brother, he goes to university also applied for a tourist visa with my mom and for some reason I think that's why my mom didn't get a visa because it's very hard for young men to get a tourist visa in Pakistan . Let me ask you something if my mom gets a travelers check for 10 lakhs or more will that make any difference because travelers check is just like cash because another lawyer told me to show significant amount of money . I am just desperate to have her over this summer. My brother would not re apply , so isn't that a good reason for my mom to go back to her country? Will the counselor look at this way? also I wanted to ask if I file a I-130 petition for my brother how long will it take? Any suggestion would be greatly appreciated.?

Edited by Asia123

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Hi,

The U.S. Embassy is well aware of the common fraud of transferring money to the applicant so she can point to it as her resource. Don't try this.

Aarron2020,

My mom recently sold a property which was worth over $15,000. We are well aware of these frauds and how US embassy looks at huge recent transactions in your account. Unfortunately , we never thought of this because it was my moms money and she was confident about it but being honest sometimes can go against you. When the consuler asked about the money I guess they should have told the truth that they sold a property but my mom thought that would also go against her because the consuler would think that she is selling all her assets and planning to settle down in US. I mean if you look at it from any angle that would have a negative effect on her visa approval . I am so confused what to do now

Edited by Asia123

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