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Jon York

Mother-in-Law on Tourist Visa - Needs to Leave Country before 6 months but maybe can't

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Filed: K-1 Visa Country: Pakistan
Timeline

My mother-in-law is here from Pakistan. She has a 5-year multiple-entry visa good for 6 months at a time. She came in mid-December and is scheduled to go back in April. Then we were thinking of bringing her here again in June.

 

However, with this virus I don't think anyone even knows if international flights will be allowed in April. She could stay until a maximum of mid-June, but we don't want to push it until the last minute in case other unforeseen problems come up. We really want to make sure she leaves the country well before her time is up so there will be no possibility of an overstay.

 

I was wondering if anyone knows if we could take her into Canada for a day and then bring her back across the border from there. We could drive to Canada and wouldn't have to worry about flight problems. But would that do the trick and prevent her from being charged with an overstay? And does anyone know if Canada would allow a Pakistani citizen to cross the border?


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I Am The Petitioner

Service Center: Texas Service Center

Transferred? WE WISH!

Consulate : Islamabad, Pakistan

I-129F Sent : 12/07/2013

I-129F NOA1 : 12/16/2013

Alien Registration Number Changed: 12/24/2013

Wait... wait... wait... wait...

Asked Congressman to send service request to USCIS: 7/1/2014

USCIS received Congressman's inquiry: 7/3/2014

Notification via USCIS Website of NOA2 - Approved: 7/5/2014

NOA2: 6/25/2014 - We found out later it had been approved (but not posted) before congressional inquiry received.

Shipped to Embassy: 7/17/2014

Received by Embassy: 7/21/2014 - Status: READY

Packet 3.5: 7/24/2014

Packet 3.5 Sent: 8/7/2014 (We had delays because of civil unrest in Pakistan)

Embassy Receive: 8/21/2014 (Again delays due to civil unrest)

Receive Appointment Letter/Interview Date: 8/27/2014 (interview date in just 9 days)!

Medical Exam: 8/29/2014 (Yikes! The whole thing has now been postponed for 2 months for TB testing)

Interview Date: Originally 9/5/2014 - Now Postponed for at least two months

TB Test Results: 10/15/2014 - came back 18 days early! And she's negative!

Interview Rescheduled 10/17/2014: (embassy moving at lightning speed)!

New Interview Date: 10/29/2014 APPROVED!!!

CEAC Updates to AP: 11/13/2014

CEAC Updates to ISSUED!! 11/14/2014

Visa In-Hand: 11/24/2014

Arrival in USA: 11/27/2014 -- 11 MONTHS, 1 WEEK, 4 DAYS AFTER NOA1

MARRIED: 11/30/2014 !!!

[/center]

THE END!

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Filed: K-1 Visa Country: Wales
Timeline
  1. Does she have a Canadian Visa
  2. Canada has currently closed it borders
  3. She could have issues entering the US after such a long stay. And such a short visit to Canada.
  4. They should not revalidate her B, they should just allow the remaining days.

“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.”

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Filed: AOS (pnd) Country: Russia
Timeline
1 hour ago, Jon York said:

My mother-in-law is here from Pakistan. She has a 5-year multiple-entry visa good for 6 months at a time. She came in mid-December and is scheduled to go back in April. Then we were thinking of bringing her here again in June.

 

However, with this virus I don't think anyone even knows if international flights will be allowed in April. She could stay until a maximum of mid-June, but we don't want to push it until the last minute in case other unforeseen problems come up. We really want to make sure she leaves the country well before her time is up so there will be no possibility of an overstay.

 

I was wondering if anyone knows if we could take her into Canada for a day and then bring her back across the border from there. We could drive to Canada and wouldn't have to worry about flight problems. But would that do the trick and prevent her from being charged with an overstay? And does anyone know if Canada would allow a Pakistani citizen to cross the border?

leaving to canada for a day just to run around the rules would cause for a potential revoking of B-visa if CBP thinks she would be an immigrant. Plus canada has banned all third country nationals other than US and Canadian citizens from entering.


AOS Timeline: I-526 to I-485 

Priority date: 06 March 2018

Processing Center: California (WAC)

I-526 Petition filed : 06 Mar 2018

I-526 Approved: 26 Dec 2019

I-485 Filed: 03 Jan 2020 (delivered to Lockbox in Phoenix)

I-485 Rejected: 23 Jan 2020 ( wrongfully rejected by USCIS)

I-485 Refiled: 31st Jan 2020 (delivered to Lockbox in Phoenix)

I-485 Accepted: 05 Feb 2020 

I-485 check accepted: 05 Feb 2020

I-485 NOA Received: 10 Feb 2020

I-765/I-131: 13 Feb 2020 Mailed

I-765/I-131 Received by USCIS : 18 Feb 2020  

I-765-I-131 Accepted: 20 Feb 2020

I-765/I-131 Acceptance Text Received : 21 Feb 2020

I-765/I-131 NOA Received in Mail : 28 Feb 2020

 

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Going to Canada or Mexico will not reset the the "clock".   Days there are counted in her I-94.

 

If she were to leave to another 3rd country, CBP will definitely have serious questions if the amount of time away is not substantial.  If it looks like she is trying to live here on a B visa expect it to be cancelled.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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11 hours ago, Jon York said:

My mother-in-law is here from Pakistan. She has a 5-year multiple-entry visa good for 6 months at a time. She came in mid-December and is scheduled to go back in April. Then we were thinking of bringing her here again in June.

 

However, with this virus I don't think anyone even knows if international flights will be allowed in April. She could stay until a maximum of mid-June, but we don't want to push it until the last minute in case other unforeseen problems come up. We really want to make sure she leaves the country well before her time is up so there will be no possibility of an overstay.

 

I was wondering if anyone knows if we could take her into Canada for a day and then bring her back across the border from there. We could drive to Canada and wouldn't have to worry about flight problems. But would that do the trick and prevent her from being charged with an overstay? And does anyone know if Canada would allow a Pakistani citizen to cross the border?

Agree with everyone else here that replied. the "border jumping" loophole was closed eons ago. Going to Canada for a day or even a week will not reset the clock. The best option is for her to leave well ahead of time. Also, seems she may be spending too much time in the US which will put her visa at risk of being revoked. So her returning soon after she leaves should be reconsidered.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: Citizen (apr) Country: Russia
Timeline

I agree with all the other advice given.  You have to think about what is most important.  Having a visitor visa is a privilege which can be withdrawn if CBP even thinks there is abuse.  Tread lightly with how it is used.  I would suggest having her head back soon while flights are still available so she can keep the visa and visit again.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: IR-1/CR-1 Visa Country: China
Timeline

You can always try to extend the visa for $370. I have idea if this ever works or how long it takes.

 

https://www.uscis.gov/i-539

https://www.uscis.gov/visit-united-states/extend-your-stay


I-130                                                                 I-129F

Spoiler

 

Mailed: Mar. 9, 2019 (Phoenix LB)              Aug. 9,  2019

Delivered: Mar. 12, 2019                               Aug. 12, 2019

NOA1/PD: Mar. 15,  2019 (LIN)                   Aug. 15,  2019

NOA2: Sep. 24, 2019 - Approved                 Sep. 24, 2019 - Denied 

I-130 sent to NVC: Oct. 8, 2019

Received NVC: Oct. 18, 2019

NVC Case#: Nov. 09, 2019 (Assigned to China, should be Japan )

AOS Submitted: Nov. 18, 2019

IV Submitted:  Dec. 23, 2019

AOS/IV Approved: Jan. 16, 2020 

Interview Scheduled: Jan. 23, 2020

 

Request location change: Mid Nov. 2019 --> Feb. 21, 2020

Contacted my Rep's for help: Feb. 5, 2020 - Rep contacted Guangzhou & Tokyo. 

Response 1: Feb. 11, 2020 - Guangzhou gave copy/paste info to my Rep's office.

Response 2: Feb. 18, 2020 - Tokyo Embassy - Requested transfer fm China - Case in Administrative Processing 

Response 3: Feb. 21, 2020 - Transfer complete; New interview scheduled.

 

Interview Date: Mar. 2, 2020 - Tokyo Embassy 

Interview Result: Approved

Visa Issued: Mar. 4, 2020

Visa in hand: Mar. 6, 2020

 

Time: ~359 Days from start to finish 

  Stupid COVID-19 delaying travel to the US :clock:

 

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1 hour ago, Scott001 said:

You can always try to extend the visa for $370. I have idea if this ever works or how long it takes.

 

https://www.uscis.gov/i-539

https://www.uscis.gov/visit-united-states/extend-your-stay

The short version is this: It generally takes 4-6 months to process, and if she stays past her current authorized stay and it then gets denied later, the period of time between the original date and the denial counts as overstay, she gets her visa automatically cancelled, and it becomes very hard to get another one.  (If it gets approved she’s fine of course.)
 

This would be a much more feasible option to try if it had a quick turnaround time and she could see before her original i94 expiry date if it was approved or not, but there’s not enough time for that. Possible outcomes: Alternative A: with all that's going on she has an easy case for approval; Alternative B: at present she is still able to fly back, so circumstances were not beyond her control, denial. For me personally, this would only be a risk I’d take if I had no real plans to come back. If I had a kid and potentially grandkids in the US and wanted to ensure I would be able to continue visiting them regularly in years to come, I’d go home now and wait it out.

 

PS technically it is extending status, not the visa.

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Filed: Citizen (apr) Country: Ghana
Timeline
Posted (edited)

If you choose to try extending her visa you should be aware of a couple things. On the very day they deny the extension, she goes out of status and starts to accumulate illegal presence unless her I-94 has not yet expired. Also her visa will become automatically voided on the day after her lawful status ends. 

 

I’d say the probability the extension would be denied is quite high (spending a lot of time on visitors visa in USA, Pakistan national, Muslim country, age of Trump).

 

Also note her application to extend status must be timely filed and non-frivolous.

 

In summary, don’t do it.

Edited by Ray.Bonaquist

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She should leave now while she still can. These are unusual circumstances right now and being apart from loved ones is just something we are all going to have to get used to for a while. 


 

 

 

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Filed: AOS (apr) Country: Canada
Timeline

Assuming she does not have a job here send her home ASAP! Immigration will not give lieniency to people who overstay due to this virus! If she overstays she will have to leave eventually and risk the chance of never getting a visa 

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Filed: K-1 Visa Country: Pakistan
Timeline
Posted (edited)

Thank you all so much for your responses. They've all been super helpful!

 

I had a roommate about 10 years ago who was from Austria. He was here on an artist's visa. And I remember every six months he was required to leave. But he would literally leave for two or three days. He'd usually spend a long weekend in the Bahamas and then he'd come back - no problem. So I thought this was like that. But from what you all are saying - apparently not!

 

So, a couple of issues people have raised. No, she's not working. She's an old lady... couldn't work even if she wanted to. And she doesn't want to! And yes she's here on a tourist visa. She's allowed to stay until June 20th. But her return ticket is for April 25th. 

 

One thing I'm curious if you all have any insight on... on these multiple-entry tourist visas, I realize now (thanks to your responses) that they don't want you staying for the max of 6 months, leaving for a day and coming back. But if she stays 4 months, is that okay? And what's a reasonable amount of time to wait in between visits? 

 

We love having her here and would love to have her as often as possible. But we don't want to do anything to jeopardize her visa and her ability to go back and forth.

Edited by Jon York

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I Am The Petitioner

Service Center: Texas Service Center

Transferred? WE WISH!

Consulate : Islamabad, Pakistan

I-129F Sent : 12/07/2013

I-129F NOA1 : 12/16/2013

Alien Registration Number Changed: 12/24/2013

Wait... wait... wait... wait...

Asked Congressman to send service request to USCIS: 7/1/2014

USCIS received Congressman's inquiry: 7/3/2014

Notification via USCIS Website of NOA2 - Approved: 7/5/2014

NOA2: 6/25/2014 - We found out later it had been approved (but not posted) before congressional inquiry received.

Shipped to Embassy: 7/17/2014

Received by Embassy: 7/21/2014 - Status: READY

Packet 3.5: 7/24/2014

Packet 3.5 Sent: 8/7/2014 (We had delays because of civil unrest in Pakistan)

Embassy Receive: 8/21/2014 (Again delays due to civil unrest)

Receive Appointment Letter/Interview Date: 8/27/2014 (interview date in just 9 days)!

Medical Exam: 8/29/2014 (Yikes! The whole thing has now been postponed for 2 months for TB testing)

Interview Date: Originally 9/5/2014 - Now Postponed for at least two months

TB Test Results: 10/15/2014 - came back 18 days early! And she's negative!

Interview Rescheduled 10/17/2014: (embassy moving at lightning speed)!

New Interview Date: 10/29/2014 APPROVED!!!

CEAC Updates to AP: 11/13/2014

CEAC Updates to ISSUED!! 11/14/2014

Visa In-Hand: 11/24/2014

Arrival in USA: 11/27/2014 -- 11 MONTHS, 1 WEEK, 4 DAYS AFTER NOA1

MARRIED: 11/30/2014 !!!

[/center]

THE END!

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