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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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7 minutes ago, Jon York said:

what's a reasonable amount of time to wait in between visits? 

More time out of the US than in the US is probably the best rule.  

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Filed: K-1 Visa Country: Wales
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My rule of thumb especially with long visits, is out twice as long as you are in. So 4 months followed by 8 months out and repeat.

 

Certainly my recollection for my Mother was that the cost of travel insurance became extortionate, more that the ticket for a few week visit.

“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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On 3/17/2020 at 8:30 PM, JFH said:

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. 

Most, if not all, flights to Pakistan have been cancelled.

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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On 3/16/2020 at 11:00 PM, 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?

As others have mentioned, you can't do the Canada or Mexico border run for numerous reasons. 

 

Is your wife a US citizen?  If so, she could file for AOS for her mother, which would give her legal status to stay if she is unable to return to Pakistan.  Most, if not all, flights to Pakistan are cancelled so it is a tough spot to be in. 

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

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Filed: K-1 Visa Country: Wales
Timeline

I listen to the BBC quite a bit and there has been stories of repatriation flights from India and Pakistan, does it not work the other way?

“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: K-1 Visa Country: Pakistan
Timeline

We haven't quite gotten to this point yet - but I wanted to get some information from you guys in case we do.

 

My mother-in-law is here from Pakistan on a tourist visa. She's able to stay until June 18th. But we have her return ticket set for April 28th. 

 

I'm not sure if this is still going on, but a week or so ago Pakistan completely closed its airspace to international flights. So I'm wondering, if by chance this closure held until after her official deadline of June 18th and she had to stay sometime longer, how would USCIS view that? Would they understand it was an unavoidable situation completely outside our control. Or would they penalize her for an overstay?

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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

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MARRIED: 11/30/2014 !!!

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This was all discussed in your topic on the same subject from a little over 2 weeks ago. You were advised at that point for her to leave while she still could.

 

 

Edited by SusieQQQ
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9 minutes ago, Jon York said:

We haven't quite gotten to this point yet - but I wanted to get some information from you guys in case we do.

 

My mother-in-law is here from Pakistan on a tourist visa. She's able to stay until June 18th. But we have her return ticket set for April 28th. 

 

I'm not sure if this is still going on, but a week or so ago Pakistan completely closed its airspace to international flights. So I'm wondering, if by chance this closure held until after her official deadline of June 18th and she had to stay sometime longer, how would USCIS view that? Would they understand it was an unavoidable situation completely outside our control. Or would they penalize her for an overstay?

I'm in the same boat with my in-laws who came here from the Philippines back on November 27 and set to fly home on may 21

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Filed: K-1 Visa Country: Wales
Timeline

Actually they were discussing this on BC Radio 5 Live this morning, now that was focusing on flights out but those flights have to go in first. There certainly are flights, not totally banned, prices according to the report are high, my suggestion would be to contact both the Airline she is due to fly back with and the Embassy. She can hardly be alone.

“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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58 minutes ago, Jon York said:

So I'm wondering, if by chance this closure held until after her official deadline of June 18th and she had to stay sometime longer, how would USCIS view that? Would they understand it was an unavoidable situation completely outside our control. Or would they penalize her for an overstay?

By law, the visa would be cancelled on day 1 of the overstay.

She would need a new visa to return to the US. Whether the CO would be understanding of the circumstances or not is something we can only speculate about.

Best thing is to avoid the overstay altogether by any legal means possible. Contact the nearest Pakistan consulate/embassy to see if they have any repatriation flights if necessary.

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K-1:

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55 minutes ago, Jon York said:

We haven't quite gotten to this point yet - but I wanted to get some information from you guys in case we do.

 

My mother-in-law is here from Pakistan on a tourist visa. She's able to stay until June 18th. But we have her return ticket set for April 28th. 

 

I'm not sure if this is still going on, but a week or so ago Pakistan completely closed its airspace to international flights. So I'm wondering, if by chance this closure held until after her official deadline of June 18th and she had to stay sometime longer, how would USCIS view that? Would they understand it was an unavoidable situation completely outside our control. Or would they penalize her for an overstay?

 

     She will be penalized for the overstay unless she either departs before June 18th, or she files for extension of status using form I-539.  Those are the two options currently available. They will not automatically consider that leaving was unavoidable. She has to file. That's what the extension process is for.  

 

  

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Filed: F-2A Visa Country: Iraq
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10 minutes ago, SusieQQQ said:

I do wonder how much leeway they will consider in whether or not it was unavoidable. For example, for someone who had been in the country for months, seen the pandemic spreading, seen all the travel warnings - just about everyone advising their citizens to return to country of residence - and still stayed beyond all of those until travel was no longer possible... the question might be, was this really unavoidable? 

This!

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Filed: K-1 Visa Country: Pakistan
Timeline

When Pakistan closed their airspace a week or so ago - there was literally no warning at all. There was no announcement that "we're closing our airspace in 3 days, so get home now." There was only, "our airspace is now closed."

 

I think there's a pretty good chance it will open again sometime between April 28th and June 18th. So I don't think we're going to have to worry about it. But my question was theoretical. IF it remained closed from when they suddenly announced it recently - until say, July 18th and she went home on July 19th... would they consider that a valid reason for over staying? A natural disaster that caused unforeseen consequences beyond her control. And yes, I'm sorry - but this was quite unforeseen. We had no idea that the country she was flying back to would completely close down their airspace to ALL incoming foreign flights.  And if they were to keep it closed from March until July - that would be quite unprecedented and therefore also unforeseen and unknowable. 

 

I'm just asking - don't they have certain types of events that they give people leeway for?

 

And SusieQQQ - I would appreciate it if you would refrain from responding to my conversation here. I've found your replies to miss the point and be completely unhelpful. So please... just stay out of this conversation.  Thank you.

Edited by Jon York

event.png

event.png

event.png

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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