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Darkchop

Bringing Elderly Parent over for visit(s) who was banned almost years ago

By Darkchop in Tourist Visas

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Boiler Grand Master

Boiler   47,473

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
16 minutes ago, Darkchop said:

?

Are you saying it is the wrong forum?

Possibly

“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.”

Redro Experienced

Redro   4,623

Posted
Filed: Citizen (pnd) Country: South Africa
 Timeline
Posted (edited)
3 hours ago, Darkchop said:

unfortunately he got sick and went home treatment and passed away during COVID

I am so sorry for your loss. 
So, he moved to the US without his wife? 
I don’t see a chance for your mother to come to the US as a tourist. 
Even though her 10 year ban has been completed she showed immigrant intent while waiting out the ban (and that application was denied).

A CO will probably see her application for a tourist visa as a way to skip the line and move to the US (not visit). 
This is especially true if she has stronger ties to the US and not Philippines. 

Edited by ROK2USA
ultrasoul Explorer

ultrasoul   58

Posted
Filed: Citizen (apr) Timeline
Posted (edited)
12 hours ago, Darkchop said:

Good Morning Everyone,

 

My Mother-In-Law had been traveling back and forth between here and the Philippines for several years and overstayed her last trip here (approximately 1-2 years but am not sure -USG doesn't care if a day or 20yrs).  She got banned 10 years which she accepted.  That was almost 20 years ago.  My Sister-In-Law tried unfortunately applying before her time was up on the ban thinking that she should apply and her Visa would be accepted by the time her ban would be expiring; she got denied before her time was up.  She is now 84 and would like to visit us (doesn't want to live here) and travel back and forth.  What do you think her chances are of getting a Visa and which Forms do we fill out?  What are the wait times as she is 84 but in pretty good health? 

 

Thanks!

@Darkchop Given that your MIL has 0 chance for getting a B1/B2 visitor visa- the only route left is an IR-5 immigrant visa assuming your spouse is a USC. Your MIL will have little or no issues being approved for an IR-5.

 

The IR-5 immigrant visa application and process is not complicated but costs a lot more money ($1,200 compared with a B1 tourist visa $160) and requires a decent amount of (manageable) effort not to mention processing time (at least 1 to 2 years from start to finish).

 

As others have said- the IR-5 immigrant visa is for immigrating. Once she enters the US on the IR-5 visa that one-time visa on her PHL passport is used up and is no longer good for future travel as she has become a LPR. She will need to wait to receive her 10 year US green card (roughly 1 month after entry into US) before she is able to leave the US.

 

As an a permanent resident, she cannot remain outside the US for more than a 6 month period or her LPR status will be in jeopardy. Her LPR status will allows her to fly in and out US easily as long as she is able to demonstrate ties to the US (i.e. she will need to get a US drivers license and file yearly US taxes etc).

 

If she does decide she needs to remain outside the US for more than 6 months without losing her LPR status, she can file for a re-entry permit valid for 2 years but that takes again at least 2 years of processing time due to USCIS processing backlogs and more money again ($575 currently before USCIS fees increase in a few months' time).

 

So conclusion- probably better for you and your spouse to fly to the Philippines instead to visit her :) But your USC spouse is also always free to exercise her right to petition your MIL for an IR-5 immigrant visa which has no visa contraints wait time (but still subject to processing time)

Edited by ultrasoul

I-130 JOURNEY FOR F2A Minor Child of LPR (MNL Consular Processing)

7/29/20: Online I-130

9/28/20: I-130 Approved

10/1/20: NVC case number generated (10/5 CEAC ready for doc uploads & 11/18: Doc uploads completed for NVC review)

11/21/20: DQ'ed by NVC

1/24/23: USEM schedules interview (3/17: St Luke's medicals completed)

4/3/23: USEM F2A IV Interview (4/4: Visa Issuance & 4/6: Passport delivered)

6/6/23: US POE (6/8 SSN card mailed, 7/6 green card ordered)
 

I-130 JOURNEY FOR IR-5 Parent of USC (MNL Consular Processing)

1/18/19: Paper I-130

8/13/19: I-130 Approved 

9/9/19: NVC case number generated (10/7 CEAC ready for doc uploads & all doc uploads completed for NVC review)

11/25/19: DQ'ed by NVC

12/18/19: USEM schedules interview (12/27: St Luke's medicals completed)

1/6/20: USEM IR-5 IV Interview (3/4: Visa Issuance & 3/10: Passport delivered)

6/10/20: US POE (6/13 SSN card mailed, 7/3 green card ordered)
 

I-130/ I-485 FOR Parent of USC (Adjustment of Status, Not concurrent filing)

1/18/19: Paper I-130 (did not do concurrent I-485 filing)

6/25/19: Paper I-485 (7/5 Biometrics mailed)

7/12/19: Walk-in biometrics completed

7/31/19: Combo EAD/ AP mailed  (8/8: I-485 Interview Ready to be scheduled)

8/26/19: I-130 Approved (12/10/19: I-485 Interview scheduled)

1/28/20: Interview at Greer SC FO

2/6/20: I-485 approved, Green Card Ordered (2/10: Green Card Produced and Mailed)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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