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My sister and father have overstayed outside of US due to…

Hi .. My sister...

Hi .. My sister and father have overstayed outside of US due to our mother's ill-health. She passed away on the 24th of Feb 2018. We had filled for a DS-117 which was rejected and the evidences we had were not taken into consideration. I would like to know what next step can be taken to reinstate their status

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

We had submitted DS-117 at the US Embassy in Karachi.

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

No.

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

That would be it.

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Answered in 2 minutes by:
3/27/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,311
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

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 the news is not good 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.

Are you a U.S. Citizen over 21? How long have they each been outside of the U.S.? When do their green card expire?

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Customer reply replied 3 months ago
My sister and dad are green card holders. My sister was suppose to make her trip in the first few days of March and my dad was suppose to re-enter in January but due to my mum's health they could not make their trip. Their green card expires in 2024.

My condolences on the loss of your mother.

Are you a U.S. Citizen?

I don't need to know when you think they were supposed to come back. I need to know how long each has been outside. What date did each leave the U.S.?

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Customer reply replied 3 months ago
I am not a US resident/citizen. My sister left US on 1st March 2017 and my dad left US on 6th Jan 2017

Ok. And how did they get their green cards originally?

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Customer reply replied 3 months ago
My dad's sister had sponsored my family under category F41 (dad) and F43 (sister)

Ok. Then unfortunately, they are very limited on what they can do. They have the following options that I can see:

1) They can try to apply again for an SB-1 Returning Resident Visa and provide more evidence of the medical condition of your mother, when she passed, and why they had to stay outside for so long without coming back.

2) They can try to use the green cards to come back into the U.S. and have such evidence with them and hopefully the officers will let them back into the U.S. without confiscating their green cards. If they do confiscate the green cards, they will still be paroled into the U.S., but they will be scheduled to appear before an Immigration Judge later and hopefully they can provide sufficient evidence to the Immigration Judge to convince them that the time outside was reasonable due to the circumstances and there was no intent, either by deed or action, to abandon Residency status.

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 3 months ago
To Apply again for SB-1 returning resident visa would mean to resubmit DS-117?The previously submitted DS-117 were rejected and are in their system. The immigration officers would be able to see that information upon their arrival and could simply deport them rather having them appear in front of a judge, your thoughts?

Yes, it would be re-submitting the DS-117. And yes, the CBP officers would see the rejected DS-117, but they are still supposed at least parole them into the U.S. An Immigration Judge would have to decide the case since the CBP officers do not have the authority to revoke Residency status.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,311
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thanks :)

You are very welcome! 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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Customer reply replied 3 months ago
Is it possible to submit a brief to the US embassy where DS-117 was submitted for reconsideration? And if the brief is not accepted, can we submit an appeal at the state department?

There really is no appeal process. They can try to apply again with more evidence and they can also hire an attorney in the U.S. to file a lawsuit against the U.S. government as well. Not many other options, I'm afraid.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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