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Habel

Overstaying using Vistor Visa

By Habel in Bringing Family Members of US Citizens to America

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Habel Collaborator

Habel   5

Posted
Filed: F-2A Visa Country: United Kingdom
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Hi All,

Can someone share their knowledge in the matter below please:

  1. My friend is going through the same process as me however, her husband is a US citizen and their case have been approved from USCIS three days ago. My question is that my friend lives in Canada and she just did her naturalization recently for Canadian citizenship however, she have not yet applied for her passport. will it be okay to scan a copy of her naturalization certificate as a proof of passport?
  2. My friend lived in the USA for four years using visitor visa but she overstayed by two years as well as went to High School.Then because she was out of status and could not go back to her country because of political reason she departed to Canada and claimed asylum which was granted to her. However, as she is now going through the immigration process and have to complete the DS-260 form online. However, there is a question that asks to provide a proof of addresses she live in since she turned sixteen. Which in her case she will need to include the US address. Will the overstaying affect her getting her visa and will she be in trouble like the ten year ban? can anyone please suggest what she can do in this matter. Her husband suggested ,she should not put the US address on the form and lie about it but I do not think that is the best way to go forward. I appreciate anyones help in this matter and many thanks for everyone's assistance in advance.

F-2A Visa Journey

Service Center : Vermont Service Center

Consulate : London, United Kingdom

Marriage (if applicable): 2012/12/27 (Happy day :) )

I-130 Sent : 2013-11-06

I-130 NOA1 : 2013-11-22

I-130 Approved : 2015-04-01 :) (Happy day after waiting for long time)

NVC Received : 2015-04-16 :) (Another joyful day)

Case Number and IIN Received date : 2015-04- 27 (Glory to the lord :) ):

AOS Scan Date: 2015-05-11 (I have been advised to wait 30 days from the date of scan to get case closed)

Case Completed at NVC : 2015-06-04 (Praise the lord almighty :)

Medical Booked: 2015-07-08- Completed

Interview Date: 2015-08-19 (Praise the lord almighty) :)

Interview Result : Visa approved :) Thanks lord

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Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Ho w old was she when she left for Canada?

“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.”

Habel Collaborator

Habel   5

Posted
Filed: F-2A Visa Country: United Kingdom
 Timeline
  • Author
Posted

Ho w old was she when she left for Canada?

She was 19 years old.

F-2A Visa Journey

Service Center : Vermont Service Center

Consulate : London, United Kingdom

Marriage (if applicable): 2012/12/27 (Happy day :) )

I-130 Sent : 2013-11-06

I-130 NOA1 : 2013-11-22

I-130 Approved : 2015-04-01 :) (Happy day after waiting for long time)

NVC Received : 2015-04-16 :) (Another joyful day)

Case Number and IIN Received date : 2015-04- 27 (Glory to the lord :) ):

AOS Scan Date: 2015-05-11 (I have been advised to wait 30 days from the date of scan to get case closed)

Case Completed at NVC : 2015-06-04 (Praise the lord almighty :)

Medical Booked: 2015-07-08- Completed

Interview Date: 2015-08-19 (Praise the lord almighty) :)

Interview Result : Visa approved :) Thanks lord

US Entry :

Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

1. Not a problem as long as she has a valid passport from some country, or a travel document usually given to asylum seekers.

2. Yes that is a problem. Her overstay until 18 years old is forgiven, as minors usually have no choice, but if she was 19 when she left, she overstayed for at least a year, and that means a ten year ban. Lieing is not an option, they will find out and even if they do not find out right away, they could yank her greencard later when they do find out. Was she deported or did she leave voluntarily/ sneak over the border to Canada? The most obvious way is to have the husband file a hardship waiver. It may be worth consulting with a good asylum lawyer, to see if there is a chance that the overstay would be forgiven due to the dangerous situation in her home country, but that would be an outside chance....

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Habel Collaborator

Habel   5

Posted
Filed: F-2A Visa Country: United Kingdom
 Timeline
  • Author
Posted

1. Not a problem as long as she has a valid passport from some country, or a travel document usually given to asylum seekers.

2. Yes that is a problem. Her overstay until 18 years old is forgiven, as minors usually have no choice, but if she was 19 when she left, she overstayed for at least a year, and that means a ten year ban. Lieing is not an option, they will find out and even if they do not find out right away, they could yank her greencard later when they do find out. Was she deported or did she leave voluntarily/ sneak over the border to Canada? The most obvious way is to have the husband file a hardship waiver. It may be worth consulting with a good asylum lawyer, to see if there is a chance that the overstay would be forgiven due to the dangerous situation in her home country, but that would be an outside chance....

Due to situation in her home country she could not go back therefore, she had to sneak to Canada over the border. Many thanks for your assistance in this matter and I will pass this useful information to her.

F-2A Visa Journey

Service Center : Vermont Service Center

Consulate : London, United Kingdom

Marriage (if applicable): 2012/12/27 (Happy day :) )

I-130 Sent : 2013-11-06

I-130 NOA1 : 2013-11-22

I-130 Approved : 2015-04-01 :) (Happy day after waiting for long time)

NVC Received : 2015-04-16 :) (Another joyful day)

Case Number and IIN Received date : 2015-04- 27 (Glory to the lord :) ):

AOS Scan Date: 2015-05-11 (I have been advised to wait 30 days from the date of scan to get case closed)

Case Completed at NVC : 2015-06-04 (Praise the lord almighty :)

Medical Booked: 2015-07-08- Completed

Interview Date: 2015-08-19 (Praise the lord almighty) :)

Interview Result : Visa approved :) Thanks lord

US Entry :

Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

What is her home country?

“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.”

Habel Collaborator

Habel   5

Posted
Filed: F-2A Visa Country: United Kingdom
 Timeline
  • Author
Posted (edited)

It would be incredibly stupid to lie to USCIS to gain an immigration benefit. Has your friend and her husband consider the negative consequences?

@aaron they will seek for professional help per advise of Penguin therefore, I would like to thank you all for your assistance.

Edited by Habel

F-2A Visa Journey

Service Center : Vermont Service Center

Consulate : London, United Kingdom

Marriage (if applicable): 2012/12/27 (Happy day :) )

I-130 Sent : 2013-11-06

I-130 NOA1 : 2013-11-22

I-130 Approved : 2015-04-01 :) (Happy day after waiting for long time)

NVC Received : 2015-04-16 :) (Another joyful day)

Case Number and IIN Received date : 2015-04- 27 (Glory to the lord :) ):

AOS Scan Date: 2015-05-11 (I have been advised to wait 30 days from the date of scan to get case closed)

Case Completed at NVC : 2015-06-04 (Praise the lord almighty :)

Medical Booked: 2015-07-08- Completed

Interview Date: 2015-08-19 (Praise the lord almighty) :)

Interview Result : Visa approved :) Thanks lord

US Entry :

 
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