US Citizen filing for both parents - Parents have overstayed tourist visas before

[jdolvera 11]

Hello everyone,

 

I'm planning on filing my parent's I-130's soon.

 

My parents have overstayed their visas 1+ years before. They're last entry was in June 2009 and exit on July 2009.

Before that, they entered in 2002 and stayed in the US until October 2007.

 

Since I'm filing soon, I'm hoping their I130's will not be approved before July 2019 (10 years from their last entry).

My parents have not attempted to return to the US since then and have not renewed their visas.

 

Has anyone had a similar case? What are my chances of being able to bring them to the States?

 

 

 

[Cyberfx1024 7,978]

1 hour ago, jdolvera said:

Hello everyone,

I'm planning on filing my parent's I-130's soon.

My parents have overstayed their visas 1+ years before. They're last entry was in June 2009 and exit on July 2009.

Before that, they entered in 2002 and stayed in the US until October 2007.

Since I'm filing soon, I'm hoping their I130's will not be approved before July 2019 (10 years from their last entry).

My parents have not attempted to return to the US since then and have not renewed their visas.

Has anyone had a similar case? What are my chances of being able to bring them to the States?

There case should not be approved by that date because it is taking roughly 1 year for I-130s to be processed right now. Just be aware that they will be asked about this during the interview. 

[Boiler 43,425]

More information needed.

 

What visas did they have?

 

How were they able to get another one after the first long overstay.

[Unlockable 7,306]

Agree with @Boiler. How were they able to stay in the US unauthorized for 5 years, then was able to return just 2 years later? Did they enter with valid visas all times?

 

I also agree with @Cyberfx1024 that their case will likely not be approved by June 2019.

[jdolvera 11]

Thank you all for the prompt replies. 😀

 

I'm collecting the info right now. I'll make a more detailed timeline.

 

They always entered on B2 (Tourism Visas). They were never questioned or interrogated by customs until 2009, when my father was denied entry for suspecting overstay via land.

My mother, on the other hand, has never been denied entry. She arrived in the country in 2009 and departed 1 month later without any problems via air.

 

They worked in the US during those overstays. Never had any problems with the law and always paid taxes.

 

1 hour ago, Cyberfx1024 said:

There case should not be approved by that date because it is taking roughly 1 year for I-130s to be processed right now. Just be aware that they will be asked about this during the interview. 

Will they need a waiver or anything else apart from the approved I-130 for the interview?  Will the 10 year ban be over if they've already been outside the country for that long?

 

I recently consulted with a lawyer who said my father will need an approved Re-Entry Permit. This confused me a little bit since I knew that these permits were only given to those pending Adjustment of status. 😥

 

[Boiler 43,425]

The B2 was voided the first time he overstayed.

 

Will be interesting to see how this works out, please keep us updated.

 

 

[jdolvera 11]

15 minutes ago, Boiler said:

The B2 was voided the first time he overstayed.

 

Will be interesting to see how this works out, please keep us updated.

 

 

Will do.

 

Every time they entered the country from an overstay they always had a new passport. I guess the lack of stamps on the passports is what never raised any flags upon entry.

[ZirZai 36]

1 hour ago, jdolvera said:

 

They worked in the US during those overstays. Never had any problems with the law and always paid taxes.

 

on tourist visas??

[SusieQQQ 11,584]

2 hours ago, jdolvera said:

Will do.

 

Every time they entered the country from an overstay they always had a new passport. I guess the lack of stamps on the passports is what never raised any flags upon entry.

On their new visa applications did they declare the previous overstays?

you do realize in this process they will need to disclose everything, all passports, overstays etc. you can’t apply for a green card with false information.  

[jdolvera 11]

1 hour ago, ZirZai said:

on tourist visas??

Correct.

 

32 minutes ago, SusieQQQ said:

On their new visa applications did they declare the previous overstays?

you do realize in this process they will need to disclose everything, all passports, overstays etc. you can’t apply for a green card with false information.  

My mother has only made 1 visa application in 1999 - She was given a 10 year visa, which she has used to come in and out of the country

1999 - 2001 - Overstay

2002 - 2007 - Overstay

June 2009 - July 2009 - No overstay

She never encountered any problems with immigration on any trip

 

My Father got his first visa in 1989, also a 10 year visa.

1989 - 1989 - No Overstay

1990 - 1992 - Overstay

 

He renewed his visa in 1999 but he was never asked if he had overstayed with his previous visa. His overstays are as follows:

1998 - 2001 - Overstay

2002 - 2007 - Overstay

2009 - Denied entry at Tijuana POE - suspected overstay. He had his visa taken away and he never attempted to renew or pick it up.

[Boiler 43,425]

Would be interesting to know what he put in his application regarding prior trips.

[SusieQQQ 11,584]

1 hour ago, jdolvera said:

Correct.

 

My mother has only made 1 visa application in 1999 - She was given a 10 year visa, which she has used to come in and out of the country

1999 - 2001 - Overstay

2002 - 2007 - Overstay

June 2009 - July 2009 - No overstay

She never encountered any problems with immigration on any trip

 

My Father got his first visa in 1989, also a 10 year visa.

1989 - 1989 - No Overstay

1990 - 1992 - Overstay

 

He renewed his visa in 1999 but he was never asked if he had overstayed with his previous visa. His overstays are as follows:

1998 - 2001 - Overstay

2002 - 2007 - Overstay

2009 - Denied entry at Tijuana POE - suspected overstay. He had his visa taken away and he never attempted to renew or pick it up.

What do you mean he was never asked if he overstayed when he renewed the visa? It’s a standard question on the form and has been for many years, as have questions about arrival and departure dates of all previous visits to the US.

 

Separately, this blatant disregard for immigration law is somewhat breathtaking.

 

Edited September 25, 2018 by SusieQQQ

[Unlockable 7,306]

1 hour ago, jdolvera said:

 

He renewed his visa in 1999 but he was never asked if he had overstayed with his previous visa. His overstays are as follows:

 

Odd. If he overstayed in 1992 then he was supposed to disclose it when he applied for renewal in 1999. I don't think we are getting the full story here.

 

@jdolvera you really should check to be sure he did not misrepresent important information like this on any of his applications.

[Going through 5,668]

Just to clarify, are you a US citizen?  You can't petition for your parents until then.

 

Your profile reads as AOS pending...

[JFH 12,189]

16 hours ago, jdolvera said:

 

They worked in the US during those overstays. Never had any problems with the law and always paid taxes.

 

 

Well, overstating and working illegally are two very big “problems with the law”. Did they use fake or stolen SSNs to work? Did they falsely claim to be USCs when they worked?