Mom"s GC Denied

M

mom08

Registered Users (C)
Hi all,
My friends mothers Family based Gc got denied, I don't no the reason why .
My quest is what will happen her B2 visa(tourist) since she stayed here about a year. any ideas??. she already left the usa now with in 30 days of denial. Her B2 will be valid or not? Can c travel again using that previous B2 Visa?
Thanks all.
 
You need to give more information. For example, why was it denied? The duration of stay you get when you enter on a B2 visa is generally no more than 6 months, so she would not be in B2 status anymore a year later, unless she got an extension of status. Being out of status does not cause her to accrue "unlawful presence" if she has a pending Adjustment of Status application, but once it's denied, she immediately starts accruing "unlawful presence" (unless she still has a valid status). Having any "unlawful presence" voids the visa she entered on, so she would not be able to use that visa anymore.
 
but when we file AOS it means we are adjusting the status and any non-immigrant visa becomes in-active. I think that is the reason AP is filed if someone intends to travel while AOS is still pending as the non-immigrant visa does not carry weight.
So if its a concurrent filing 130/485, and 485 is denied, does the 130 still be valid and if yes for how long? Can the person go back to CP using the same approved 130?
 
Yes, the I-130 is still valid. They can go back and do CP but this goes back again to why AOS was denied. If she entered the U.S. legally, AOS should not normally get denied. If there was something really wrong like misrepresentation or claim to U.S. citizenship, then it would affect CP too. If it was something trivial like not filing the forms properly, they should have filed AOS again after the denial (as an Immediate Relative she didn't need to be in status to file AOS).

If she didn't have any unlawful presence, technically the visa is still valid. If she had unlawful presence, the visa is void. But even if the visa were valid, she would most likely not be able to use it to enter the U.S. anyway because B2 visas require that she not intend to immigrate with it (not all nonimmigrant visas are like this, but B2 is), and since she had filed AOS the last time she was in the U.S., it's pretty hard to convince anyone she doesn't intend to immigrate with it. So the visa would be useless either way.
 
Thanks newacct . So MTR can be filed when there is a denial - e.g. if there is a mistake in form or if something requested in RFE (BC) was not delivered to IO ?

I think OP needs to provide more information as to why the GC got denied. This would help others who are trying to apply !
 
Thank u both for ur valuable rep reg this. C was 75 yrs old, c traveled us for the 1st time. Her gc was applied last yr in oct got denied this yr in oct reason i dont know yet. I am also really surprised why did this happened? Now c need to re apply again or do cp process? I think cp and b2 also can be denied since aos already got denied. What do u think guys?
Thank u so much .
 
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