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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    cancellation of visa without prejudice.
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Associate Member
Posted
I am a resident alien and during my last trip outside the USA, I returned with my mother who has a tourist visa. She has been coming to visit and stay with me for the past three years and only stayed during the alloted time given to her by the consul upon arrival in the US. During this trip, she was informed by the immigration officer that her visa raised a flag of overstaying of 1 week in 2003. When we discussed this with the officer, we insisted that she did not overstay and that she left a day before her alloted time passed. We had proof on her passport the she arrived back in my country on the correct date. But the immigration officer states that on their record that she stayed a week after the marked date. My mother remembered that on that specific trip, she failed to hand her I-94 to the stewardess before getting in the plane but she did turned over her I-94 to the sterwardess while she was in the plane after she left. My mother was allowed to enter the US this time but they cancelled her visa and we were told to re-apply again since they marked her visa as cancelled without prejudice. My question is, how can I help her with her visa, while she is with me here in the US. I have the original boarding pass that she had from her 2003 flight, I have the mileage confirmation from Northwest that she actually took the flight before her alloted time was due. I just want to do what ever I can here, while I can assist her instead of her trying to handle the application back home where she will be by herself. Any advice will be very helpful. thanks John
 
Posts: 5 | Registered: 01-26-2005Reply With QuoteEdit or Delete MessageReport This Post
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you need to get confirmation from airlines that this passanger was travelled on *** date from US to ***. get the confirmation and ask the DHS to correct the information entered in error. You need acopy of I-94 also. Including the immigration stamp from your country on arrival. once you update this information,get confirmation from consulate and she will be fine.


Its a discussion, not a legal advise..
 
Posts: 1054 | Registered: 05-29-2003Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
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thanks for the advice. just a quick question, how do i get a copy of the I-94? thanks
 
Posts: 5 | Registered: 01-26-2005Reply With QuoteEdit or Delete MessageReport This Post
Regular Member
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hi occodel
similar thing happened with my friends father who was sent bak to his country and his visa was also cancelled and the immigration oficer stamped his passport with a section that implies he had "immigrant intent " . his fault was he had travelled just too often to see his son and grandchildren but had never overstayed on any of his trips . they say even frquent visits on a non-immigrant tourist visa implies immigrant intent and the officer can cancel ur visa at the port and even deny entry .
 
Posts: 22 | Registered: 12-29-2004Reply With QuoteEdit or Delete MessageReport This Post
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