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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3942
Experience:  Private practice in several areas, including immigration
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I have a chinese student living at my home. Her parents

Customer Question

I have a chinese student living at my home. Her parents would like to visit. Dad is approved, Mom is denied because she overstayed her visa on a previous visit. Can I do anything to help her come to visit?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Expert James replied 9 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. Please give me some time to review your question. It might take a little while, but I WILL be back to continue this conversation.

Expert:  Expert James replied 9 months ago.

Hi there,

I am so sorry about the delay. I posted a response to you yesterday, but for some strange reason, it never registered on the page. My apologies for the inconvenience.

Do you know if the mother was asked about the overstay, and she denied it, either in an interview or on an application?

Do you know for how long she overstayed?

In what status was it that she overstayed?

Customer: replied 9 months ago.
she did not deny it.
4 months , she was here for one month and stayed for 5. She gave birth to a daughter in Houston, I would assume that was the reason for the overstay,
She was on vacation
Expert:  Expert James replied 9 months ago.

OK, so she admitted to the overstay. Thank you. Do you know if she received a document that explains the denial?

Customer: replied 9 months ago.
There is no document explaining why. She got a "Yellow" card not a "Green" card if that means anything. She is in process of re-applying.
Expert:  Expert James replied 9 months ago.

OK, please be patient, as I am working with several customers at the same time, in the order they are received.

Expert:  Expert James replied 9 months ago.

Why would she ever get a green card if she is not a permanent resident? Did she get a yellow piece of paper? Is that what you mean?

Customer: replied 9 months ago.
that is what her daughter told me. I will have her get clarification tonight
Expert:  Expert James replied 9 months ago.

OK, please let me know. Thank you.

Customer: replied 9 months ago.
Ok I got clarification, In Beijing when her mother applied she was given a "Generic" denial to travel to the USA. They have 2 different color "Generic" forms that do not give any specific reasons. The Green color forms are for those approved for travel, the yellow for denied. These approval or denials are from American agents working in China. So as I understand it, the US has denied her entry. I have to assume due to the previous overstay.

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