Mother coming back to the US after 5 Years but overstayed on previous stay

[ASHTON KUTCHER]

Anyone,

What problems would my mother have coming in the USA at POE since she stayed over 1 Year on her last visit in 2000 ?

Her visa seems good until 2008 , so I would like her to visit in August .

There is no stamp as too canceled or anything on her visa .

If you have information on the above it would be helpful in making this decision if I should start getting her Airline ticket.

 

[ps182]

It is a tough call .

There is no exit Immigration in the US . All that you do is drop your I-94 with your airline at check in . Overstayed visas are usually cancelled .

Please check the status of her visa before she gets here. Immigration Officers at the POE usually deport passengers without valid visas at the cost of the Airline .It is not a pretty sight.

 

[bps01]

Since your mom over stayed more than a year she is subject to the 3/10 year ban and most probly her visa is invalid in the computer system. I would recommend you check with the embasy or INS here before she flies here else your mom may be sent back at the POE.

 

[momgreencard]

Question,

if the OP's parent is LET IN at the POE... does that mean the visa is still valid? Then does that mean the parent did NOT have the bar??

If the OP's parent was able to come in thru the POE --- why is that? Why did the bar did not happen??

My mother is in the same situation - she overstayed over a year, but then she came again using the same visa - but she was let in.. does that mean she did not have the bar for some reason??

Thanks.

 

[GotPR?]

Anyone,

What problems would my mother have coming in the USA at POE since she stayed over 1 Year on her last visit in 2000 ?

Her visa seems good until 2008 , so I would like her to visit in August .

There is no stamp as too canceled or anything on her visa .

If you have information on the above it would be helpful in making this decision if I should start getting her Airline ticket.

Besides entry bar, she technically can not use the same visa that she overstayed with. It is automatically void. She needs to apply for new visa at consulate, but unfortunately, she has to disclose overstay in visa form, and then it is almost next to impossible to get visa granted.


INA 222(g)

(g)2/(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.

(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except-

(A) on the basis of a visa (other than the visa described in paragraph (1) issued in a consular office located in the country of the alien's nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or

(B) where extraordinary circumstances are found by the Secretary of State to exist.

 

[momgreencard]

Besides entry bar, she technically can not use the same visa that she overstayed with. It is automatically void. She needs to apply for new visa at consulate, but unfortunately, she has to disclose overstay in visa form, and then it is almost next to impossible to get visa granted.


INA 222(g)

(g)2/(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.

(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except-

(A) on the basis of a visa (other than the visa described in paragraph (1) issued in a consular office located in the country of the alien's nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or

(B) where extraordinary circumstances are found by the Secretary of State to exist.

Hi,

I see. So i guess there is no such thing as, "Transferring your existing visa to a new passport.."?

And also, you mentioned that "disclose overstay" in the visa form. Let say, the application say NO on teh form, wouldnt the consulate / embasssy verify or be able to check ti against with some government database? Or do they just take your word as is? Or they will still give you the visa, but expect the POE on the United States will do their stoppage?

Thansk,
T

 

[GotPR?]

I see. So i guess there is no such thing as, "Transferring your existing visa to a new passport.."?

Not sure. Usually people won't transfer visa from one passport to another since having old expired passsport with valid visa and new valid passport, they can enter the US.
it might be possible to "transfer", but your mother's case is that she had to apply for new visa since she overstayed with that visa.
I believe her visa was technically not valid (if she did not apply new one w/ filing visa application i.e. DS-156) even though it was not cancelled.

And also, you mentioned that "disclose overstay" in the visa form. Let say, the application say NO on teh form, wouldnt the consulate / embasssy verify or be able to check ti against with some government database? Or do they just take your word as is? Or they will still give you the visa, but expect the POE on the United States will do their stoppage?

They might not go check the database in those days. But if they did it, it is possible(not sure, since that is pre 9/11 and all the database may no logner be available) they may be able to find it. THe problem is if they found it, that is crucial since it is considered immigration fraud which results in lifetime entry bar.

 

[ASHTON KUTCHER]

Status of Visa

It is a tough call .

There is no exit Immigration in the US . All that you do is drop your I-94 with your airline at check in . Overstayed visas are usually cancelled .

Please check the status of her visa before she gets here. Immigration Officers at the POE usually deport passengers without valid visas at the cost of the Airline .It is not a pretty sight.

How can I check status of her visa ?
I called the 800 INS line 2 weeks ago and found out after talk to an IO on the phone , I mentioned that I filed an I-192 for advance permission to let her in since she O/S her visa and he mentioned that is not the correct form, and the person who is looking at that app probably scratching his head wondering why I filed this , anyways after informing him reasons why I filed that he mentioned that if her visa expires in 2008 then your mother can come in with out any problem , he said that they didn't cancel her visa so why wouldn't POE let her in , I told him for the second time that she overstay by 1 year and he said to me that yes she did but the POE will look into the visa and if he see that she did it already 5 years so POE should not and would not have any problem addmitting her in .

He was very sure and said your mother would not have any problem coming back as along there is no stamping stating that this visa was canceled.

I was suprise and was still confused when I got off the phone , I guess I'll go with what he said since he knows more than anyone in here.

She will be coming in soon.

Ashton.

 

[GotPR?]

I called the 800 INS line 2 weeks ago and found out after talk to an IO on the phone ,.

if "INS" (why the hell people keep saying INS even 4 years after they were changed to CIS) you have talked to is actually "USCIS", you are talking to wrong person. USCIS does not do much for entry. CBP is the one.
And, for visa validity, it is probably DOS(consulate) is the one you must talk to as CIS won't issue visa.

 

[TheRealCanadian]

He was very sure and said your mother would not have any problem coming back as along there is no stamping stating that this visa was canceled.

He is wrong. Section 221g of the INA automatically canceled her visa the instant she overstayed. I can look up the other part of the INA that automatically barred her from re-entry

I was suprise and was still confused when I got off the phone , I guess I'll go with what he said since he knows more than anyone in here.

If you trust the jokers at the USCIS hotline more than this forum, I feel sorry for your mother. I hope she enjoys her trip to the airport and back to her home country, since she cannot legally enter the country.

She does have hope that USCIS didn't notice her overstay, but if she ever applies for a GC it will come back to haunt her.

 

[momgreencard]

Hi,

I am not arguing or questioning... but i have a "live" example. Althought I do not know why it can happen. I did make a mistake on my first post. I thought my mother's visa was a 10 year visa (B/c i had a 10 year visa when I came here). Her visa is a PERMANENT visa. I looked at her passport, and it does say permanent... my mother said, back then, they would issue permenant visa to adults, depending on your luck.... and she was able to get one...

My mother overstayed for over a year (7 years), left at 1999, with a deport notice. She was able to come back on 2001, using the SAME visa, but on a new passport (The old one expired). I had asked my mother many many times today, if she applied for a visa, instead of transfering her visa onto the new passport. She said, she is 500% sure it is transferring, not applying. B/c she said, she went to the consulate early early in the morning on a weekday, and the person there said, she needs to come back on a thursday or something, to do the "visa transfer". They only do "Visa application" that day...

And so my mom left on 1999, and came back using same visa on 2001. Then she overstayed till August 2004, and left the United States... and then came back on October 2004 (only 2 months out), using the SAME VISA / PASSPORT. and she was let in with no problem.

After reading this forum - it makes me do NOT understand why she can go in / out like that. When she overstayed twice, both for over a year.

And i am not sure why her visa was not cancelled...

anyway - i am not concern about her visa's validity. I just want to know what type of problem she might have when I applied a GC for her....

Thanks in advance.
T

 

[GotPR?]

I just want to know what type of problem she might have when I applied a GC for her....

Concern1. Is her current stay considered legal or not ? Usually, immediate relative who entered the US with inspection is considered legal and can file AOS even though overstaying. But in this case, she was surely inspected, but was subject to 10 years entry bar even before entry and somehow could get in. As having been said, visa is not supposed to be valid.
Problem is if her stay is not considered legal, she is PROBABLY not eligible to AOS at this moment.

Concern2. You said "They only do "Visa application" that day". I'm not sure if simply getting new stamp without filing any form is possible, but if she actually filed visa application as usually, there should have been questions about overstay. The answer must be YES. If said NO, that will be very serious problem. But who knows what she answered and who knows application was regualar visa form.

This is very complicated problem and you must talk to a few(Not one) lawyers.