Visa revocation

#1
My visa revoked at the border - 22 cfr 41 122 e 3, and I was promptly sent back home. I am wondering whether I could apply for a green card (my son and my stepdad are citizens, my mom and sister have green cards. I am arnd 30y/o. I was just going to visit them and they revoked my visa. Is there any chance for me to get a green card under these circumstances? I just want to be with my family. Thank you.
 

1AurCitizen

Registered Users (C)
#2
You don't apply for a green card. Your mother has to petition you, and you interview in your home country. Why hasn't she initiated the i-130 petition yet? The revocation code indicates you don't have a bar to entry.

CBP believes you were not a visitor and had no intent to return, which appears to be a correct assumption. Your visa was rightfully cancelled as CBP suspected you were to join your entire family living in the US.
 

SusieQQQ

Well-Known Member
#3
It will be faster if your son files for you, assuming he is over 21. Processing time is around a year for a green card. Edit: if you are 30 clearly your son is not over 21, so scrap that.
Your stepfather can only file for you if he married your mom before you turned 18, and it would take 7-13 years depending whether you are married or not. Your mom can file only if you are unmarried, as she is a green card holder, approx 7 years as well. Your sister cannot file for you at present.
If you only want to visit, a green card is not the solution as you will (a) lose it if you do not mostly live in the US and (b) will be required to file taxes with the irs annually.
 
#4
You don't apply for a green card. Your mother has to petition you, and you interview in your home country. Why hasn't she initiated the i-130 petition yet? The revocation code indicates you don't have a bar to entry.

CBP believes you were not a visitor and had no intent to return, which appears to be a correct assumption. Your visa was rightfully cancelled as CBP suspected you were to join your entire family living in the US.
Thanks for the reply. Actually it was not my intention to stay in the US. I just wanted to come and go as much as my finances allowed me since I have a job, and assets in my home country. But since my visa was revoked I just think even if I do get another ci
 

1AurCitizen

Registered Users (C)
#5
WIth OP 30 tears old, USC son is unlikely to be 21
And unlikely the stepdad married OP's mom 12ish years ago. Possible, but unlikely. He likely would have initiated an IR2 petition if so.
That leaves the mom as the likely sponsor, we assume the OP isn't married.
 
#7
Thank you so much for taking the time to reply. My son is only 6 months old, so I just wanted to spend as much time with him as possible before my maternity leave was up and I had to go back to work in my home country. I am a single mother, and single mothers and their children are treated like second class citizens here, so I just wanted my son to be able to grow up in a place where he will be judged by the quality of his character and not by the circumstances of his birth.
 
#9
My mom is not working at the moment. She is working towards getting her medical license. And looking after my son fulltime. And my stepdad is retured and his income could only support my mom and my sister at the time.
 

SusieQQQ

Well-Known Member
#10
Thanks for the reply. Actually it was not my intention to stay in the US. I just wanted to come and go as much as my finances allowed me since I have a job, and assets in my home country. But since my visa was revoked I just think even if I do get another ci
Visiting too frequently is often seen as a risk factor for immigrant intent, also explaining why the b visa was cancelled, as does the fact that the rest of your family is in the US.

Did you deliberately give birth in the US to give your son citizenship?

Unfortunately, I cannot see any route for you to return to the US any time soon. A visa revocation makes a new b visa a very slim chance, and as already said minimum 7 years to a green card.
 

SusieQQQ

Well-Known Member
#11
My mom is not working at the moment. She is working towards getting her medical license. And looking after my son fulltime. And my stepdad is retured and his income could only support my mom and my sister at the time.
Your mom should still file now to get you in the queue if you want a green card, presumably by the time you are due for interview in 7 years or so she will be working and able to sign an affidavit of support.
 
#12
Visiting too frequently is often seen as a risk factor for immigrant intent, also explaining why the b visa was cancelled, as does the fact that the rest of your family is in the US.

Did you deliberately give birth in the US to give your son citizenship?

Unfortunately, I cannot see any route for you to return to the US any time soon. A visa revocation makes a new b visa a very slim chance, and as already said minimum 7 years to a green card.
Thank you so very much for taking the time to reply. I really do appreciate it. Yeah, that’s what I thought too. Thank you again.
 

SusieQQQ

Well-Known Member
#15
I paid all medical expenses myself. The hospital offered a discount since I was paying for everything in cash and all at once.
That’s good, but unfortunately doing that and leaving your baby there is a huge red flag for immigrant intent on a B visa, especially if you did not declare intent to give birth on entry. It’s legal, but frowned on, and raises all sorts of intent issues for future entry.
 

1AurCitizen

Registered Users (C)
#16
Bottom line, OP's mom has to petition her for an immigrant visa, which takes about 7 years. Another B2 visa is unlikely after revocation. Begs the question, why hasn't this been already initiated?

She hasn't responded to the question about her country, oh well. Looks like a case of birth tourism to get a US passport for the child. Legal, but frowned upon by Americans.
 
#17
I am from Kazakhstan. And thank you all for all the replies. I am not sure about the i-130, I haven’t looked into the green card thing, cause I never really intended on living in the US. But since me going back on another visa seems highly unlikely I just thought I’d ask on this forum. I just assumed since my mother doesn’t have an income she cannot petition anything. But I might be wrong. Thank you again, guys.
 

1AurCitizen

Registered Users (C)
#18
You have choices to make. Where is your USC son, with you or in the US? Since you have not mentioned you were traveling with him, you son may be living in the US under someone's care. Biological father, if so?

Your mother can petition you, and use another person's income (joint sponsor) who is willing to be legally liable for you financially once in the US. But that's years down the line. It all starts with your mother filing the i130 petition that establishes your relationship with her.
 
#19
Thank you so very much for the information. I had no idea anout any of this. My mom is looking after my son, she will be bringing him to me soon. I’m planning on raising him here in KZ for a few years. I’m just a bit confused how to proceed further, so your insight has been most helpful. Thank you again for taking the time. Unfortunately, My son’s bio father is not involved in our lives.
 
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