Announcement

Collapse
No announcement yet.

3/10 year rule

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • 3/10 year rule

    Hi all,
    Back in Nov. 1998, I petitioned for my mother for adjustment of status. The case is still pending (unbelievable! but true). We did the application while her visa was valid. However, after waiting for six months, she had to return back home. It was an emmergency trip and she left without obtaining an Advance Parole. It is now over 4 years past and last week she tried getting a Vistor's visa to come back but she was denied for overstaying 5 mnths the last time she was here. Eventhough her visa was expired by the time she left her status was legal. She has no documentation to show the consulate that she was trying to adjust her status. I badly want her to come over for a wedding (in a mth). Any ideas? Since it's been 4 years since her "overstay", shouldn't they let her in? Your suggestions/comments are highly appreciated.

  • #2
    Hi all,
    Back in Nov. 1998, I petitioned for my mother for adjustment of status. The case is still pending (unbelievable! but true). We did the application while her visa was valid. However, after waiting for six months, she had to return back home. It was an emmergency trip and she left without obtaining an Advance Parole. It is now over 4 years past and last week she tried getting a Vistor's visa to come back but she was denied for overstaying 5 mnths the last time she was here. Eventhough her visa was expired by the time she left her status was legal. She has no documentation to show the consulate that she was trying to adjust her status. I badly want her to come over for a wedding (in a mth). Any ideas? Since it's been 4 years since her "overstay", shouldn't they let her in? Your suggestions/comments are highly appreciated.

    Comment


    • #3
      part of the problem is that the last time she "visited" she likely told the embassy she was going for a short visit - instead,she attempted to change status and stayed far longer than she likely told them. Knowing that she tried to adjust or change status last time and that she did not do what she said she was going to do, why is the embassy supposed to believe anything different this time?
      Credibility means a lot in this situation and it is a hard commodity to "repair."

      Comment


      • #4
        The embassy does not know she applied for adjustment of status. My mother is still under the impression that her case was denied/withdrawn because of her early departure. I only found out today that the case is still pending. The main question is since it has been over 4 years (assuming the 3 year rule applies here) shouldn't she be beyond the "penality" period?

        Comment


        • #5
          deport illegal aliens

          Comment


          • #6
            You apply for AOS while she was inStatus but when her vise expired she was overstayed. she will be able to adjust within the USA but if she leave the country according to the previous Law she abondoned the case.
            Thats my guess.

            Comment


            • #7
              Just want to add;
              that possible if your mom returned her I-94 . because I-94 entry will finalize the date of departure. if Not and case is still pending then still she will have Bar 3-10 years, if she stayed more then 6mo and less then year bar will be 3 yrs and if overstay period is more then year then bar will be 10 years. if the bar period elapse still she has to file for waiver and write ( Bar period finished/completion on date xxxx).

              Comment


              • #8
                Mohan,
                Thanks for your message. We are not too worried about the AOS anymore. We just want to retain her ability to come back for occasional visits. Again, since it has been over 4 years, shouldn't her 3 year barr be lifted?

                Comment


                • #9
                  Bar May already be lifted but she have to inform by filing form. Its not automatic.
                  if alien overstay and bared he should obtain waiver even the bar period is over. He have to inform the consulate that he was subjected to bar previously ( in the form of filling waiver)

                  Comment


                  • #10
                    There was no 3 yr bar that I was aware of from what you wrote - but, credibility is still the main issue and, on the back of the visa application that asks if anyone has filed an immigrant petition on her behalf -the answer there would be 'yes.' So, she is going to face 2 hurdles - explaining why the embassy should believe her if she says she is just going for a wedding or something, and that she is not going to try and change/adjust status again, just like the last time.

                    Comment


                    • #11
                      If you are US citizen, it may help to get her in US as an immediate relative of USC. But it will not be as quick as you want.

                      Comment

                      Sorry, you are not authorized to view this page

                      Home Page

                      Immigration Daily

                      Archives

                      Processing times

                      Immigration forms

                      Discussion board

                      Resources

                      Blogs

                      Twitter feed

                      Immigrant Nation

                      Attorney2Attorney

                      CLE Workshops

                      Immigration books

                      Advertise on ILW

                      EB-5

                      移民日报

                      About ILW.COM

                      Connect to us

                      Questions/Comments

                      SUBSCRIBE

                      Immigration Daily



                      Working...
                      X