B2 visa overstay and immigrant visa petition

S

scs83

Registered Users (C)
My relative entered US in 1995 on B2 and applied for an extension of stay. Was denied and issued voluntary deportation letter to leave the US within 30 days of the letter. He overstayed his visa. An immigrant visa petition was filed on his behalf but gave an Indian address for communication. Once his date becomes current in about 3 to 4 years, he may have to go to Mumbai for immigrant visa interview.

Questions are: Can he move the interview place to a US city
Once he goes to Mumbai for the interview, will he face the 10 year ban or can it be shortened.

Also since his overstay happened more than 17 years ago, will US still have his name on the database.

What proof do they have that he has not returned back to India.
 
scs83 said:
My relative entered US in 1995 on B2 and applied for an extension of stay. Was denied and issued voluntary deportation letter to leave the US within 30 days of the letter. He overstayed his visa. An immigrant visa petition was filed on his behalf but gave an Indian address for communication. Once his date becomes current in about 3 to 4 years, he may have to go to Mumbai for immigrant visa interview.

Questions are: Can he move the interview place to a US city
Once he goes to Mumbai for the interview, will he face the 10 year ban or can it be shortened.

Also since his overstay happened more than 17 years ago, will US still have his name on the database.

What proof do they have that he has not returned back to India.
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There is no such thing as voluntary deportation. There is a thing called voluntary departure. IF that is what he got and ignored it, he is screwed. Once he departs he is banned for 10 years for TWO different reasons. The first is "unlawful presence" which is triggered upon departure and the second is for failing to voluntarily depart like he promised he would all those years ago. There is no judicial review. He must remain abroad for 10 years and he cannot adjust status.


INA 240B Voluntary departure

(d) Civil Penalty for Failure To Depart-

(1) IN GENERAL- Subject to paragraph (2), if an alien is permitted to depart voluntarily under this section and voluntarily fails to depart the United States within the time period specified, the alien-- [paragraph 2 refers to VAWA--it is inapplicable]

(A) shall be subject to a civil penalty of not less than $1,000 and not more than $5,000; and

(B) shall be ineligible, for a period of 10 years, to receive any further relief under this section and sections 240A , 245 , 248 , and 249 .

etc....
 
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