Parents Tourist Visa Canceled at Port of Entry..

sriram1975

sriram1975

Registered Users (C)
My parents have had a tourist visa for over 9 years now that expires in Dec 2017. During their last trip their trip in 2015 (7th trip since visa issued) , their flights leaving the US were postponed by a week due to floods in Southern India and the closure of the airport. I had them re-booked a week later which was a day after their allowed date stamped on passport by CBP. The airline didn't give any paperwork explaining the flight cancellation was due to floods.

So when they arrived back in US last week on their 8th trip, the officer after initial interrogation on why they overstayed and my parents answer about the floods and airport closure, said he has to cancel the visa but will allow entry. They also waived the re-entry penalty fees for both parents due to the floods situation and apologized to them that they had to cancel their visa.

Can I sponsor their GC while they are in US even though their visa is cancelled on their passports? I don't want their application to be rejected due to the technical reason their visas were cancelled on entry. They are not out of status as they have valid dates until Feb 2017.

If I don't sponsor their visas now & they appear before the Consulate to apply for their new visa application next year, will their only overstay in al their trips by a day affect their visa application?

(PS: I did apply for their extension for the one day they overstayed before their I94 expiration date last year, but since I overpaid their application fee they returned the application fee. I spoke to USCIS and the officer told me that typically the application gets rejected for overstay and since the applicants have already left the country and the overstay was in the past, she advised me it was moot to send the application in. I read in a forum post here the same day I spoke to USCIS that someone else's parents in a similar situation due to flights cancelled by snow storm didn't have a problem on subsequent entry. So I didn't do anything further)

Thanks
Sriram
 
Yes, they can do Adjustment of Status in the US now with no problems, as they entered legally. Yes, they can also do Consular Processing abroad with no problems.

Their visas were automatically voided when they stayed past the date on their I-94 due to INA 222(g); they technically had no valid visa when they last came to the states (they may not have been aware of that, but that's what the law is). Anyway, since they were let in, they are fully eligible for AOS.
 
sriram1975 said:
Can I sponsor their GC while they are in US even though their visa is cancelled on their passports? I don't want their application to be rejected due to the technical reason their visas were cancelled on entry. They are not out of status as they have valid dates until Feb 2017.
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Be aware that permanent residents (GC holders) are expected to spend the majority of their time in the US, with short overseas visits allowed. Parents need to be aware of the restrictions on overseas travels on a GC. A green card should not be used as an alternative to a denied B2 for "visits" to the US.
 
Thanks all for your responses. My parents biggest worry is the expectation of staying here about 7-8 months in a given year
 
sriram1975 said:
Thanks all for your responses. My parents biggest worry is the expectation of staying here about 7-8 months in a given year
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If they're applying for US permanent residency, they should expect to be permanent residents IN the US.

There are valid reasons for regulations such as <180 days short visit on a B2, and conversely >180 days living in the US on LPR status.
 
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