Visitor visa cancellation after green card application

[Boiler 43,556]

Does she want to immigrate or visit?

[arvn2017 0]

Visit. She cannot immigrate due to personal reasons.

[Boiler 43,556]

She can certainly apply for a Visitor Visa, may be a long shot and sounds like she would need a Nonimmigrant Visa waiver, but only the fee at risk.

[arvn2017 0]

Ok. I will start exploring options. Thanks everyone!

[Boiler 43,556]

Options?

 

 

[arvn2017 0]

As in - how to apply for her visitor visa once again, and what waivers are required. Potentially talk to an attorney as well.

[Boiler 43,556]

Same way that she applied for the last one.

 

Nothing a lawyer can do, the damage is done.

[WeGuyGal 1,052]

53 minutes ago, arvn2017 said:

Ok, thanks for the information folks. I guess, we will start a conversation with an immigration attorney to see if we can pick up where we left off with the green card application then.

 

33 minutes ago, arvn2017 said:

Visit. She cannot immigrate due to personal reasons.

???

[BuiQuang 95]

2 hours ago, arvn2017 said:

As in - how to apply for her visitor visa once again, and what waivers are required. Potentially talk to an attorney as well.

sorry, only option is for you to go visit her.

 

no way she get visitor visa or waiver.  overstay, AOS abandonmnet, immigratnt intent.  you would waste time and money.

[usmsbow 796]

4 hours ago, WeGuyGal said:

Are all AOSers interviewed?

No. 

[Coco8 1,039]

5 hours ago, arvn2017 said:

we had filed an extension of stay at that time. It was denied then, and she left after we received the notification that it was denied.

The time while you were waiting for the response is counted as overstay. So everything after 04/06/2014 is an overstay regardless of whether USCIS was considering your petition. Most petitions get denied because the person is overstaying by the time someone at USCIS looks at the application to extend the visitor's visit. 

 

I think that is a common misunderstanding. A lot of people think that because you are waiting USCIS's response, you are allowed to wait in the US even if you are past your 6 months from entering in the visitor visa. That is wrong.

[SusieQQQ 11,584]

5 hours ago, arvn2017 said:

Visit. She cannot immigrate due to personal reasons.

Given her past history of not just once but (at least?) twice abusing B visas, I'd say her chances of success are just about zero.  I can't see how she can persuade a CO that she has no immigrant intent - even without the ban issue arising.

 

Incidentally, if she hadn't have overstayed, this would not have been an issue at all - I not only kept my original B visa but even got it renewed during the few-years-long process of having my immigration applications pending. It's not the applying for a green card that was the issue (if you ignore what seems like using the B visa for immigrant intent to AOS) - but the overstay, as others have said.

[David & Diana R 1,005]

5 hours ago, Boiler said:

Options?

 

 

I know, right?  Not getting the answers he wants so he is ignoring the advice given here.  Typical.

[JFH 12,189]

7 hours ago, arvn2017 said:

Visit. She cannot immigrate due to personal reasons.

So why are you researching the possibility of a green card? 

 

For someone who can't move here permanently she did a pretty good job of living here on a B-2 visa. She came almost every year for several months and has even applied for extensions. Looks like she was in more than she was out. 

Edited December 1, 2017 by JFH

[Springrain22 427]

7 hours ago, arvn2017 said:

As in - how to apply for her visitor visa once again, and what waivers are required. Potentially talk to an attorney as well.

There's nothing your attorney can do. She already did it.