My mother-in-law is an australian citizen who is suppose to have an interview on sept. 10, 2009 for her us immigrant status but she went back to australia yesterday. Without a parole visa, can she return to US using visa waiver program to attend to her interview? she stayed here in the us for almost 15mos, can she return as a tourist within a mos eventhough she already has a pending change of status application? what are the risk involve? we really need to know this ASAP so anybody here who can help will be greatly appreciated.
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upcoming ins interview for immigrant status but left the country what should we do?
- Thread starter xtian0143
- Start date
PraetorianXI
Banned
1) she left without an advance parole so her adjustment of status was abandoned and will be denied.
2) If she entered using a visitor visa (B2) she voided it by overstaying. If she entered using the VWP then she also became ineligible to use it again because she overstayed her visit.
3) She overstayed her tourist visit (if she stayed 15 months) so she is subject to a 3-10 year bar from re-entering the USA (depending on whether she overstayed 180+ or 365+ days).
SO... she is out of luck... her actions were stupid x 3.
2) If she entered using a visitor visa (B2) she voided it by overstaying. If she entered using the VWP then she also became ineligible to use it again because she overstayed her visit.
3) She overstayed her tourist visit (if she stayed 15 months) so she is subject to a 3-10 year bar from re-entering the USA (depending on whether she overstayed 180+ or 365+ days).
SO... she is out of luck... her actions were stupid x 3.
thanks for ur reply. it was really a stupid move. Do you think the immigration will consider her ignorance of the law? or she is experiencing early onset of dementia and we have medical documentations to back it up we actually called the airport and were able to get a police to try to stop her but the police just let her go because they said she's alert and oriented at the time of their conversation?
PraetorianXI
Banned
Doesn't matter... what's done it's done... if you start pulling cards like "dementia" she may be found inadmissible as a public charge or health hazard... either way, her immigration path has become very very hard (near impossible)...
Jackolantern
Registered Users (C)
Was the I-485 filed after her I-94 expired? If yes, how long after it expired? If less than 180 days, she can file I-824 to switch to consular processing and interview for the green card in Australia (or another country, if she lives elsewhere).she got her EAD last 9th of july im not sure about the processing but she is being petitioned by her US citizen daughter and already have an interview appointment for i believe its her I-485 but she eloped.
PraetorianXI
Banned
just because she got EAD and SSN, that does not mean she did not overstay... as long as her I-485 was pending, she was fine... but once she abandoned it it does not matter anymore, I am willing to bet she is subject to the 3-10 year bar.
PraetorianXI
Banned
I think the best option for her would be to switch her to consular processing and hope for the best !!
She is probably subject to the bars though... and getting a waiver won't be easy... but from the OP's posts... it sounds like this person does NOT want to reside in the US.