Green card interview following 5 year ban?

S

staunch

New Member
Hello

I will try to be to the point. This past July, my friend overstayed by two weeks on his I-94. He was going to school in the US. When he tried to re-enter, he was given expedited removal and banned for 5 years. However, he is coming due for his green card interview and they are beginning to process his paperwork. How does the ban affect what will happen with the green card interview? Has anyone had any experience with this sort of situation? Any feeback would be very much appreciated.

Thank you
 
On what basis is his GC interview? marriage to a US citizen? I am assuming he is doing CP, if it is a marriage based GC
 
It's interesting he was banned for 5 years with just 2 weeks overstay. Do you have more info on what happened and what type of interview?
 
Overstay by two weeks and no permanent residence or job in his country of citizenship as he was in US at school for 4 years and his mom (citizen) and dad have been living in the US also.
 
Is the green card interview for consular processing, or adjustment of status? What type of visa did he have ... F-1? J-1? Is he under 21? Under 18?

A five-year ban for overstaying two weeks is indeed harsh -- there must be something more to the story, like lying at the port of entry (e.g. failing to mention a US citizen mother on the visa application or when questioned about his parents at the POE).
 
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this is ridiculous...his parents are us citizens, living there...he's basically a defacto us citizen...Why does he have or need a visa in this case?I know someone who got her us passport/citizenship overnight almost at 25yrs of age and her mother(mother is usa born/raised) hadnt lived in the usa for close to 40yrs...

Your friend got a really bad bureaucrat and needs to get a lawyer to get this stupidity resolved.
 
jnj said:
this is ridiculous...his parents are us citizens, living there...he's basically a defacto us citizen...Why does he have or need a visa in this case?I know someone who got her us passport/citizenship overnight almost at 25yrs of age and her mother(mother is usa born/raised) hadnt lived in the usa for close to 40yrs...
Click to expand...

The important thing is that the mother in your case is US-born. If that is not the situation in this case, it is very different.
 
jnj said:
this is ridiculous...his parents are us citizens, living there...he's basically a defacto us citizen...Why does he have or need a visa in this case?I know someone who got her us passport/citizenship overnight almost at 25yrs of age and her mother(mother is usa born/raised) hadnt lived in the usa for close to 40yrs...

Your friend got a really bad bureaucrat and needs to get a lawyer to get this stupidity resolved.
Click to expand...

You are assuming too much.
 
That is a very optimistic deduction. I am guessing that the 5 year ban was not for two weeks of overstay but something far more serious. Probably concealment of a materrial fact and/or misrepresentation.

jnj said:
this is ridiculous...his parents are us citizens, living there...he's basically a defacto us citizen....
Click to expand...
 
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