parents GC denied due to overstay - please advise

R

ram_perl

Registered Users (C)
Hi,
I am posting for my friend. My friends parents were here on Visitor visa and applied for green card (I-130).
stayed for 1 year without filling for I-94 extension, this ended up in 6 months overstay. The extension was not applied because they thought that green card processing stage doesnot need extension which seems to be not right.

All Green Card processing is done in US expect the interview. Interview was in Chennai yesterday and their application got denied due to overstay and also they mentioned that 3 years they cannot come to US.

They want to know what are the next steps? Should we reapply for Green card ? If anyone has any related experience please share.

Regards.
Ramp
 
The mistake was they went out of the US after overstay. THere is not much to do as the rule is clear for 3 year entry bar. Wait for 3 years and apply.
 
Yes. Big mistake... overstays are forgiven to Immediate Relatives of US Citizens... but only during Adjustment of Status (AOS) in the USA.

Their visitor visas are now canceled and they are serving a 3 year bar... now, all they can and should do is wait 3 years and apply for a GC again.

On the bright side... at least it is not a 10 year bar! :p
 
Thanks somuch.

Does he needs to apply for the GC again after 3 years ( starting from I-130 and go through all the process )?

Does this 3 year bar (overstay) effect the GC approval next time?

Regards.
 
Hi,
My parents are in 3 year ban for over stay. The first year is getting completed in a month.

At the time of interview they mentioned that every year my parents need to send details so that the application is active .

Does anyone know if there is any form we need to submit every year for the continuation of the application instead of closing it.

Looks like if they donot hear from my parents regarding application every year the status will be closed and we need to start all th eprocess again.

Thanks in advance for any suggestions.
 
there is no form, and there is no need to keep it active. WHen they are eligible, they should send DS-230 forms to the consulate.
 
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