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My elderly mother has been visiting me in the united states.

My elderly mother has...

My elderly mother has been visiting me in the united states. We are in the process of applying for a green card for her. She is in Canada presently. She left on Oct 6. She could not be readmitted after Oct 26. How long does my mother have to be out of the country before she can visit me again.

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Yes We have had a reply that we need to send to England where she was born for a criminal record check.

Lawyer's Assistant: Have you talked to a lawyer yet?

NO No All of our papers are fine but we missed this detail

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She has never overstayed but visits us between 4-6 six months a year for the past five years.

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Answered in 5 minutes by:
11/22/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,397
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

It's probably going to be bad news, I'm afraid. Are you saying she tried to visit October 26th and they did not let her in? It's probably because you filed the I-130 for her. When did you file the I-130? When she tried to enter on October 26th, did they allow her to withdraw her request to enter? If not, she could have a 5 year ban. Please remember not to blame me, I'm only the messenger.

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Customer reply replied 8 months ago
No. She left on Oct. 6, 2017 to return to Canada on her own choice. I called to the border to ask and I was given the website to check her arrival and departures and saw the date of Oct 26, as the date she would not be readmitted. We have filed and paid and been processed and have sent in the affidavits of support. The latest correspondence from NVC asks for:
1. marriage termination ( I sent my fathers death certificate).
2. Also Great Britain and Northern Ireland police certificate.
We think these are the final two items needed.
We want to know if she can come back as a visitor now?

She's not supposed to. Why? Because as a visitor, she has to have non-immigrant intent to use a B-2 tourist visa, or a ESTA Visa Waiver (just her Canadian passport). When was the I-130 filed for her and when was her last entry into the U.S.?

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Customer reply replied 8 months ago
I'm the petitioner. My mother is the Beneficiary. We filed January 8, 2016 . We were approved for an I 130 petition for an alien relative on Aug 4, 2016. My mother has visited since then.

And they have never questioned her about the pending I-130? I find this very strange.

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Customer reply replied 8 months ago
No They haven't and she has visited a few times, by plane and by car.
Customer reply replied 8 months ago
On November 15, 2017, we received a follow-up checklist request from the National Visa Center in Portsmouth, NH requesting the following two items:1. Marriage Termination We cannot accept the marriage termination document you sent. ...
2. Great Britain / Northern Ireland Police Cert.So it sounds like we just have a few items left needed to complete the visa.

Well, she has gotten very lucky. That does not mean that she will always get lucky. I wouldn't recommend trying again to visit, especially this close to completion of the immigrant process. But you probably won't believe me since she has had success already. How long did she stay the last trip?

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Customer reply replied 8 months ago
Over the last year, her visits have averaged around 2-months each. The 2-months is predicated upon her travel insurance, which required her to return to Canada every 60-days.
I believed that she would receive a visa to enter the US. while waiting for her green card once the necessary forms and interviews were completed.

Well, as I said, she is not supposed to use her Canadian passport to come visit when she has immigrant intent as evidenced by the I-130 that is pending for her. If one of these trips she does not get lucky, one of the following could happen:

a) They will allow her to withdraw her request to enter the U.S. and she can go home, no penalty.

b) They will not allow her to withdraw her request to enter the U.S. and will order her excluded. This has a 5 year penalty that she cannot come back unless she gets a very hard to get waiver.

c) They will not allow her to withdraw her request to enter the U.S. and they catch her in a lie and they exclude her with a permanent bar due to fraud and/or misrepresentation and with that charge she cannot come back unless she gets a very hard to get waiver.

If you are still going to risk it, then the idea is to stay out longer than one stays in. So if she stayed 2 months last trip, she should stay out 3 or more months before coming back. The idea is to spend more time outside than inside of the U.S.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 8 months ago
Do you have handy the website where we can obtain the form for requesting the British police report?I thought since I had sent my mother's marriage certificate showing her marriage to my father and also my father's death certificate from the funeral home in Calgary, AB Canada that I had provided adequate documentation.

This should be it:

https://www.acro.police.uk/police_certificates.aspx

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,397
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 8 months ago
I am understanding that as long as the visa application has not been completed, my mother is not allowed to visit?

She was not supposed to visit since the I-130 was filed because that is evidence of immigrant intent. As I keep saying, for use of just the Canadian passport to visit, she is supposed to have clear non-immigrant intent. She has gotten lucky, probably because they are lax with Canadians, but that isn't always the case.

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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