Visiting my mother in the US; she has overstayed her visa

[PingedMule 0]

My mother and I went to the United States last year. But after a month, I went home to my country in the Philippines and my mother overstayed her visa, because she was diagnosed with cancer and she ran out of time extending her stay, because of her immediate treatment. Now, one year later, I'm planning to visit my mother again and bring her home back to my country.

 

1. Can this situation affect my ability to enter the US? what questions would I expect and is it possible to get in the United States?

2. I'm only 17 years old, and I researched that I need a letter of consent from my parents allowing me to travel to United States (which is currently taken care of) and my question is does the letter affect my questions in the port of entry?

3. Does the DHS know that my mother overstayed and can the POE officer look that up in their database?

 

I know there is a high chance that I will be denied in the port of entry, but I'm looking forward to have hope that I can see my mother again.

 

It's a long shot, but I'm looking forward to have some help. Thank you.

[apple21 953]

With whom is your mom staying in the US?

[Umka36 781]

Did she ever file for an extension? They will know about her overstay once she leaves the US. Her visiting the US again will be an uphill battle. You always need to tell the truth to CBP when they ask a question, but don't need to give more than what's being answered. Never try to lie/fib an answer as that will usually bite you in the ###.

 

Why can't your mother just fly back home after her cancer treatment, so the family can be together? Was her treatment paid by her or another 3rd party and not the US government?

[SusieQQQ 11,584]

14 hours ago, PingedMule said:

 

Does the DHS know that my mother overstayed and can the POE officer look that up in their database?

 

 

 

 

The answer to this question is yes, easily. They will know you are family from the DS160 forms you both filled in, and they can look up her i94 very easily.

 

i think it will be difficult for you to be admitted, with a mother who overstayed a year and you still a minor, I think they will suspect you plan to come permanently to illegally overstay with her. If she can fly home, she should do so, she doesn’t need you with her. Airlines have assistance for those who need it.

Edited May 3, 2019 by SusieQQQ

[PingedMule 0]

11 hours ago, apple21 said:

With whom is your mom staying in the US?

Her friend

[PingedMule 0]

11 hours ago, Umka36 said:

Did she ever file for an extension? They will know about her overstay once she leaves the US. Her visiting the US again will be an uphill battle. You always need to tell the truth to CBP when they ask a question, but don't need to give more than what's being answered. Never try to lie/fib an answer as that will usually bite you in the ###.

  

Why can't your mother just fly back home after her cancer treatment, so the family can be together? Was her treatment paid by her or another 3rd party and not the US government?

My mother doesn't have the time, because she is undergoing treatment and never left the hospital since. The plan to bring her home is still undecided, but it is my option (if she gets better).

 

She can't fly back home alone. She is still in the hospital, and my father separated from us. Her treatment is paid by her but at first they offered insurance but when the government asked for papers, that's when they canceled the insurance.

9 hours ago, SusieQQQ said:

The answer to this question is yes, easily. They will know you are family from the DS160 forms you both filled in, and they can look up her i94 very easily.

  

i think it will be difficult for you to be admitted, with a mother who overstayed a year and you still a minor, I think they will suspect you plan to come permanently to illegally overstay with her. If she can fly home, she should do so, she doesn’t need you with her. Airlines have assistance for those who need it.

She can't. Going home to the country alone (or with her) is still an option. Her condition has got worse. I'm going there just to visit her and maybe, if the situation has gotten better, I'll take home with her.

 

Does waiting until I'm 18 help? But I don't know my mother would wait that long, but does that help to be not questioned by my mother or worst? 

[SusieQQQ 11,584]

23 minutes ago, PingedMule said:

My mother doesn't have the time, because she is undergoing treatment and never left the hospital since. The plan to bring her home is still undecided, but it is my option (if she gets better).

 

She can't fly back home alone. She is still in the hospital, and my father separated from us. Her treatment is paid by her but at first they offered insurance but when the government asked for papers, that's when they canceled the insurance.

She can't. Going home to the country alone (or with her) is still an option. Her condition has got worse. I'm going there just to visit her and maybe, if the situation has gotten better, I'll take home with her.

 

Does waiting until I'm 18 help? But I don't know my mother would wait that long, but does that help to be not questioned by my mother or worst? 

I’m sorry, but this story doesn’t make sense. Medical treatment is horrendously expensive in the US. I presume your mother isn’t working. How is she actually affording all this?  Who is the “they” that offered insurance? What government asked for papers - US?  

You do know your mother has incurred a ten year ban that will become effective when she leaves?

 

 

[Boiler 43,419]

Insurance, that would be covered by the Travel Insurance she took out and the first thing they would be looking at is repatriation, much cheaper than paying US Hospital Costs.

Edited May 4, 2019 by Boiler

[SusieQQQ 11,584]

I feel very sorry for OP and the situation he/she has been placed in.

[Boiler 43,419]

I am going to assume there is much more to this than the OP has been told.

[SusieQQQ 11,584]

2 hours ago, Boiler said:

I am going to assume there is much more to this than the OP has been told.

Agree. And not sure any if it is fair to the OP.

[PingedMule 0]

On 5/4/2019 at 1:44 PM, SusieQQQ said:

I’m sorry, but this story doesn’t make sense. Medical treatment is horrendously expensive in the US. I presume your mother isn’t working. How is she actually affording all this?  Who is the “they” that offered insurance? What government asked for papers - US?  

You do know your mother has incurred a ten year ban that will become effective when she leaves?

 

 

Sorry. That's all I know so far. I just want to see my mother you know. I don't know how my mother made the ends meet or something. Her friend maybe. I don't know how to go to US with that situation, what questions would be asked. What if the officer asked for my mother? Who knows? It's a long shot. That's why I asked for advice. Any suggestions on how would I execute this? I may be losing hope. But thank you all very much.

[PingedMule 0]

I'm just trying to get in the US with this situation. I don't know how. But being a minor adds more risk or not? Like on a busy day, they expedite on customs, I have no idea, and having a travel clearance for minors reduces questions because It is notarized? What papers do I need to bring? 

 

I'm sorry if I'am asking too much.

[SusieQQQ 11,584]

4 hours ago, PingedMule said:

I'm just trying to get in the US with this situation. I don't know how. But being a minor adds more risk or not? Like on a busy day, they expedite on customs, I have no idea, and having a travel clearance for minors reduces questions because It is notarized? What papers do I need to bring? 

 

I'm sorry if I'am asking too much.

No, you won’t get expedited or otherwise get any benefit, your place in line will be your place in line. If anything, you will face more questions as a minor traveling alone. You must always answer any question you get asked truthfully, if not you may be denied entry and face a lifetime ban from the US. I’m sorry you have been put into such a difficult situation by your parents.

[Going through 5,668]

You said your parents are now separated---Is your father currently in the US under some type of (expired) visa as well?

 

CBP will ask you the purpose of your visit to the US, just be truthful.