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my mom overstayed over 5 years ago. Sent off form for extension…

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my mom overstayed over 5...
my mom overstayed over 5 years ago. Sent off form for extension but did not get reply before she left. Since then has been turned down twice. Last time was few years ago. Was told there was a 5 year penalty after which would not be held against her. When she went this time was turned down and not given a reason. I live in US (green card holder. Is there anything I can do?
Submitted: 8 years ago.Category: Immigration Law
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Answered in 22 minutes by:
6/22/2010
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,031
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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They can deny the visa based on their belief that she will not obey the terms of her entry if they give her another visa.

So she is not being denied because of the ban but based on her intent to return.

I would suggest that you apply for citizenship and then petition her as an immigrant. If she does not want to stay here after she gets her green card she can leave and go the the embassy and abandon her resident status and apply for a visitor visa then. They will probably give her the visitor visa because she had a chance to live in the US and didn't want to so they will believe she will return home on a visitor visa.

I know it is a long and expensive process, but it is a way many people go with their parents.

 

Judith

 

The information provided is general in nature and should not be construed as legal advice or to create an attorney-client relationship. The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice. By accepting you agree you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises. I strive to provide quality information, but I make no claims,

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Customer reply replied 8 years ago
I will pay as promised but I did not learn anything new that I didn't know before. I was more interested in a short term solution as I was inviting her over for the summer. The process you describe, as you mentioned, is a long process and might be something that we may consider in the future but was not what I was looking for right now. Thank you.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago

I'm sorry, I am not able to read your mind through your question and know what you know or don't know. I do understand you are frustrated and miss your mother.

There is no short term solution because they believe your mother lacks the intent to return to her country if she comes for a visit because of her history.

 

No need to accept if you are unsatisfied.

 

All the best to you.

 

Judith

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