Please help with the legal issue for my parents' immigration visa

D

dakeli

New Member
Recently, My parents' visit visa were rejected twice in China. They don't want to go through this painful process anymore. So, I think I may apply an immigration visa for them because I have been US citizen for eight years.

The last time when my parents entered in the States (04/22/2002) with their B2 visa they got 3 months permission to stay. They extended it before the expiration date and got an approval of another 9 months to stay. Later on, INS sent another letter said that was a mistake and correct it to 6 months. Because we already planned for another 9 months, we applied B-2 extend again and got another 3 months. When they were about leaving, China had SARS and the situation seemed getting worse and worse. We decided to stay instead of going back at the last minute when they had to leave. We filed the application for extending again right before the one year expiration date. They left right after the travel restriction was lifted by WHO. A few days after they left the States, we received a letter from INS asked additional document for their case. We didn’t response the requirement because they already left.

I was told that the time between end of one year of their stay to when they left (total 85 days) was illegal. Is that right?

I was also told that if they apply immigration visa, it is very possible that they may get rejected because of their illegal staying. Then, they will have very little chance to get into the States again. Is this right?

Thanks in advance for your help with my questions.
 
The last time when your parents were in the US, did they left on a date after the last extension granted?
 
No, the last letter we receive from INS was asking additional document. they left before receiving the letter and we didn't reply the letter because they already left. But, I was told the maximum of staying for b2 visa is one year. They certainly stayed more than one year.
 
Check this out http://www.immihelp.com/visas/extend.html read the beginning and the last part of "Application"

http://www.allhod.com/maintain_status.shtml

Well, yes is true they stay "unlawfully" in the US for 85 days. B1/B2 visas just have a maximun of stay for one year not more. The problem they left and didn't get any other extension, their last extension was expired already.

Go to a lawyer for better information. I don't know if there is a rule for 85 days overstay and probably you can still apply for them. I will look over the internet for more info.

Do you know what is the section the Consulate/Embassy put in their application denial for their visitor's visa?
 
I know that if they overstay while they are in the US, you could apply for them without any problem, but since they left and was for 85 days but less than 180 days. Uhmmm let me see. I will keep you posted. Probably somebody else that has more expertise can reply too.
 
Thanks for responses.
They got their visit visa rejected in Beijing, China in this May and June. Before I thought they always stayed legally here. The consultes didn't say clearly that they had stayed here illegally. My question is if I should let them try to apply visit visa again and again or just apply immigration visa for them. They are over 70 years old. I really don't want them to feel hopeless for never having chance to see me in the State again. They are not intend to stay in the State forever.
I asked the lawer who did my green card. She just said there is NO problem for my parents to apply and get immigration visa. She won't talk me more if I don't pay her $3500 plus cost for the case. I feel her charge is high.
 
just do it yourself - lots of people do. It's not that difficult - file I-130, wait till it's approved, then it's sent to the consulate (you will get a request for more documents to be filed, like affidavit of support) and they get an interview and get the immigrant visa.

$3,500 for filling out a one page form? robbery.

if they didn't overstay by more than 180 days, they have nothing to worry about. Do keep all the airplane tickets, passport stamps, extension notices, copies of I-94 cards, etc.
 
$3500!!! ha! that is more than robbery, that is robbery without a gun!
you can do it yourself without any problem. Actually most of all the USCIS cases you can do it yourself but if you don't have the time or are too afraid to really do it right, it is your call. But $3500 is way too much.

You just apply for them, file I-130.

I was reading in one of the Department of the State (I closed the page before I reply sorry) that because they overstay that little time (even one day) and is too soon they will have a visa denial. Or they wait more time like 6 months and apply for a visa again or you right away can apply for them as a Relative Petition.

good luck,
 
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