mother rejected at POE, need info!!

P

Priya_23

Registered Users (C)
My mom was rejected entry as a visitor at POE. Now she can only
enter US once she gets a GC.

Can someone please exaplain the process for sponsoring
her GC. My brother will become US Citizen this year and then we
will file I-130 for her. We need info for the steps after that.
How long does it take to get a CP interview after 130 is approved. What needs to be done to prepare for the CP?

Any help would be greatly appreciated.
 
Please post the details.

Hi,

Can you please post details like which POE and reason.

Thanks
Sept13
 
Hi,

She received a 10 yr visitor visa in 1996. Since then she has been traveling back and forth and spent almost half her time since
then here in the US. She has always respected the stay-permit validity and has always left before her permit expired. We did apply for extentions couple of times.

This time when she tried to enter(at Detroit) the officer rejected her entry saying that she has aggressively used her B2 visa and now she should only enter with an immigrant visa.

Her 10 yr visa was voided too. We bought tickets for her trip back and she did not stay at the POE more than 24 hrs so she is NOT considered deported. The letter she received says that she returned at her own will after the officer rejected her entry.

Its been a nightmare for all us. Now we wanna make sure that her GC process completes soon. We will be consulting a lawyer about her GC application but wanted to see if we can get some valuable information from
this forum. Please let us know if have information that might be helpful in this case. We are looking for more specific information after 130 is approved. She will have to go to Mumbai consulate for CP.

thanks.
 
Priya,

I-130 processing time depends on the processing time. Go to immigration-law.com and follow the links to INS processing times. Check out the time for I-130 IR (Immediate Relative) category. NSC takes 8-9 months. After that it wil take 9 months for CP processing through NVC and Bombay consulate. Good luck.
 
INS does not view favorably multiple extensions to B2 visitor status. You also say your mom spent almost half het time in US since 1996. All these factors raise a red flag with INS and points to a strong immigrant intent (and not a temporary visit). INS has and will use discretion to prevent such visits from occuring.

This should not impact her I-130 petition in any way.

I presume your mom is a Canadian LPR or citizen. You did not make that clear in your post. What is her home consular post?
 
Sorry, I realize that you did post your mom's consulate as mumbai and that she is from India, not from Canada. I mistakenly assumed Canada when I saw Detroit.
After I-130 approval, she should get an interview date at Mumbai in 3-6 months. Among other things she will need documents proving her relationship with you (your birth certificate with her name on it.)
 
thanks all for your replies.

We did know that overusing the visitor visa might cause problems but its one of those things where you underestimate things until the worst happens.

I read somewhere that NVC processing can bypassed
if the the process can be continued on the basis of an
"attorney certified copy" of the petition. Has anyone done
this??

BTW, since my brother (who is in Boston) will sponsor my
mom, her petition will go to VSC. Any idea on how long does
it typically take at VSC?

thanks for the help.
 
Good luck!

Priya,

I had applied I-130 for my parents - receipt date at VSC 8/29/2002. The petition was approved on April 15th 2003. I hear it is moving faster now. It used to take only about 3-4 months for i-130 processing at VSC. It has taken about 7 1/2 months in my case.

Hope things move fast for your parents.

Regards
 
zebraus,

thanks for the information. can you please let me know what were the steps you took after 130 for NVC processing. Are your parents abroad? Is yes, which consulate will they be applying at?

thanks much.
 
Priya,

After I-130 approval, the BCIS forwards the application to the National Visa Center. Then the NVC mails out forms both to the petitioner (your brother) as well as the beneficiary (your parents).

The petitioner gets a "bill" for processing "Affidavit of Support" (from NVC). On sending back the payment, NVC mails the I-864 "Affidavit of Support" application to the petitioner. The petitioner should then mail the completed I-864 to the beneficiary - in order that the beneficiary present it to the cosulate.


The beneficiary gets a form (I am not sure of the form number - I think it is DS - 3020) wherein the beneficiary nominates a "attorney"/individual (who may be in the US) for receiving letters related to the immigration process from NVC. Then the beneficiary gets a packet (known as packet 3) that contains some application forms. I think that the filled application maust be presented to the consulate for further processing.

The above process will probably take about 3 - 4 months.

My parents plan to attend the GC interview at the consulate in Chennai, India

Best wishes.

Regards,
 
thanks very much, your post was very informative. I'd really appreciate it if you could send me updates on any experience/advice you may have during this
process.
 
qs

Is it necessary that sponser should have citizenship to sponser parents or green card holder can also sponser parents?

Once parents get gc , is it necessary that they have to stay in USA or they can stay 1-2 yrs in India and 6-8 months in US?

So, from the forum , does it take at the most 8/9 months to get parents gc?
 
Yes. You need to be an US Citizen to sponsor parents. It takes about 7-8 months for the I-130 approval and about another 4 months for the final process of getting the GC at a US Consulate (outside the US).
 
qs

Thanks for the reply. One more question. If some one has gc, is it necessary he/she has to stay all the time in US or he/she can stay in India and visit US once 2 years or so.
What is the condition to maintain GC?
 
Your parents will need to show proof (to BCIS) of their intention to be a permanent Resident of the US in order to maintain their green card. From what I understand, they will need to be in the US for more than 6 months in a year. IF they plan on staying outside the US for a longer period of time, they will have to get permission from BCIS before leaving the US.

Regards,
 
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