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Juany Mtz Hello, I just basically did this exact case for my in laws but was 100x harder. Since the uncle has been out of the USA for over 20 years, any ban for over staying will be over by now. The only way forward now is to file the I-130 and go through the motions. If there is any hicups don't panic. Once they have their interview they will be either get the visa or they won't. If they don't issue the visa they will inform you as to why. My in laws worked in the USA and over stayed their tourist visa and ended up getting their green card. There is an I-601 waiver if need be but you likely won't qualify unless the uncle has a wife or parents living in the USA (legal). If you have any questions reach out or tag me on here Good Luck!

Make sure you have plenty of proof to verify that is a genuine relationship and good luck!

Hello, A few nights ago I was sitting in my bed and watching youtube when I came across an interesting channel. It pertains to visa officers. This in particular one I am pasting worked as an officer for like 20 years IIRC. https://www.youtube.com/watch?v=VwyHGb-oc64&t=3309s What I am getting at is these people are trained professionals and know how to ask questions. So if you versed back exactly what the paper says they are going to want more detail. Being evasive isn't going to work. Whatever you initially told them you will likely want to stick to IMO. I haven't looked into the particulars of this case but I will say this: I petitioned for my wife then fiance about 12 years ago and filed a I-601(over stay). To prove hardship was extremely difficult, and looking back at it I probably got lucky winning the waiver. These officers are giving a lot of power, if I were you I would try to control the narrative of the interview to the best of your ability without over speaking and by sounding authentic. You're going have to sell yourself as you are your only advocate here. Make sure you make your intent of your initial visit known. Which was for "tourist" purposes (visiting family, sight seeing, etc.)

Yes, the fee is paid so now the card will come whenever. All I wanted to know was since they enter as a LPR if they can work upon admittance and you answered yes. Thanks

Get what? I am asking if they are legally allowed to work since the fee has been paid?

Just a quick update: They arrived today. We are all ecstatic!!, Quick question: The fee for the GC has been paid. Can you work prior to that coming in the mail? or must you wait to have the card in hand?

Hello! This is the 2nd time I challenge an inadmissibility, the first time was 12 years ago with my then fiance. They tried giving her a 10 year bar when it should have been a 3. It didn't matter at the end of the day because I still had to file a waiver. But non the less they made an error then too. So when you petition for your parents there isn't a waiver for us in this scenario unfortunatelly. So when they were denied the initial time with a 10 year bar we just had to wait it out. We expected the 2nd time around we would get an approval but that didn't go as expected. When they were denied the 2nd time I was in contact with the RIO consulate right away. I noticed any in debth answers I wouldn't get a reply back, it would take a while, or it was a reply with not the content I was looking for. I would then send more emails to them. I was worried that whoever was reading them wasn't passing my message along but I think due to my persistence that they seemed to escalate the matter to some sort of a supervisory level. The reason why I say this is I got a reply stating this: ----------------------------------------------------------------------- Dear Sir or Madam, The ineligibilities were applied by a Consular Officer of the United States and reviewed by the Immigrant Visa Chief Unit and confirmed. The Decision provided is final. You may contact the USCIS directly for information concerning possible waivers or exceptions. Please review the link below for additional information. ---------------------------------------------------------------------- It was at this point I either take no for an answer or try something else. No lawyer wanted to touch the case that I could find with a denial. I then reached out to LegalNet. I explained the entire case to them from start to finish. I got a generic reply back. Lost a lot of hope. Rio then reached out 9 months later stating they wanted to conduct another interview and that the charges "may" be dismissed. I knew at this point something changed. If Rio kept giving us a no, I knew it had to come from LegalNet. When I reached out to LegalNet after this Rio email I got a quick reply from them stating that the charges were dropped.

This particular case was a very very long journey and trying. I spent long nights studying and trying to figure out a way as I'm sure many of you do too. I really leaned on VJ to make this happen especially since Immigrate2us was gone. Where it all began. I wish I knew of the back door conversations that occured on this case but it's likely I'll never know. Big thanks to "HRQX" This person informed me all about LegalNet where the journey began. I truly believe this is where I won the case. Also another big thanks to "Family" for providing all the support needed. Without this page this really wouldn't have been possible. In closing when one is searching for answers, people are looking for a glimmer of hope, unfortunatelly there was one that really wasn't very companssionate in their response and tried to rain on our parade. So if you are going through a similiar situation remain hopeful!, as this is a DIY page they may be right or may not. If I could be of assistance I will. GOOD LUCK TO ALL!!

1 visa has been approved. Just waiting on the other now!

I emailed LegalNet in September, got a generic reply that same day. Today I got an email stating the following: Dear **************** Thank you for contacting LegalNet. According to our records, your mother’s ineligibility under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA) has been removed. Please contact the U.S. Consulate in Rio de Janeiro for further instructions on how to proceed with the case. Sincerely, BJB LegalNet Department of State

Just wanted to provide every an update: The last month and a half has been a roller coaster. Trying to communicate with the consulate has been awful. They really have refused to give us clarity with the matter. So on the https://ais.usvisa-info.com/ they were required to schedule Biometrics appointment. They couldn't scehdule the interview, we tried to find out why, but never got an answer. We were also told a new medical exam was required since it's been over 6 months. They completed the medical exam last week and when attending the biometrics appointment they were told that they didn't need to do it since it was still within a year. So they exited, and were told to schedule an interview now on https://ais.usvisa-info.com/. This was annoying since they could have flew to RIO and completed their medical and interview all at once. So this meant another plane trip and hotel. We followed up with the consulate by email wondering why this couldn't have all been done at once and if an interview was needed, we were informed an interview was no longer needed and to just send the passports in. So that's where we are at now. Passport being sent out!

No attorney wanted to touch this case lol.....At this point they will be told as they were told prior. Their intent was never to over stay...

The child when petition for a parent isn't a qualfying realtive for a waiver.. I am sure they did. That interview was around 12 years ago. Doubt they remember those questions but I am sure they filled that out on their DS-260.

What kind of rebuttal would in your eyes be acceptable?

Originally petitioned in 2011 (around), Denied due to a 10 year bar.(over staying) Interviewed again in 2021 due to 10 year bar being over. Denied in 2021 due to 6C1 (212(a)(6)(C)(i). (1) The applicant arrived in the US on a B1B2 visa (2) The applicant stated that his or her intent was to visit the United States (3) Within one month of arrival, the applicant started working which is not permitted on a B1/B2 visa. " Like most applicants after the initial ban, expecting they were clear since the 10 years had elapsed my wife petitioned again...