Visit Visa and previous Immig Violation

[newdanny 0]

Hey everyone, I got a quick question and woudl appreciate any assisatnce.

i want to apply for visit visa for my mom (60 yrs old) but she has previous immigration history. My mom had US visit visa about 9 yrs ago she overstayed it by 4 years and than left to Canada. From Canada she was EWI in a car while trying to reenter US (without visa). She was given paper work and released with a notice to aprear in court. She appeard in all her hearings and finally was given Voluntary Departure - VD. She left US on time as given by Immigration Judge in VD. Also would like to mention that she testified on belhalf of US attorney in conviction of teh smuggler who was taking ppl (along with my mom n dad) from CAnada to US, the guy was convicted (we got a letter from US attorney stating that she testified against teh guy).

Is there a way we can file for visit visa for her (she is in Pakistan). would a wavier be requried? if Yes what wavier and what is the filing procedure?

i will highly apprecaite any assistance and advise.

Danny

[raymaga 25]

I would suspect that you may have great difficulty in getting a visitor's visa for your Mother, due to the fact of the long over-stay. They would consider her a significant risk to over-stay again.

But, someone with more experience in this area could give you some insight.

[Boiler 45,525]

10 year ban for the overstay.

Add the EWI....

I believe the I 192 is the waiver form. But what convincing reason could she have?

Anyway only the applicaton fee at risk.

[spookyturtle 9,466]

If her overstay occured after April 1, 1997 and lasted for a year or more, she is barred for 10 years. If she EWI after an overstay of one year or more, she is subject to 212(a)(9)©(i)(I), a lifetime ban with the possiblilty of appplying for a waiver after remaining outside of the US for 10 years. Permission must be given by the Secratary of Homeland Security to apply for the waiver in this case. The I-601 waiver is available for the spouse/fiance or son/daughter of a US citizen.

The I-192 is a possibility, but very difficult to obtain.

Edited October 31, 2008 by spookyturtle

[spookyturtle 9,466]

If her overstay occured after April 1, 1997 and lasted for a year or more, she is barred for 10 years. If she EWI after an overstay of one year or more, she is subject to 212(a)(9)©(i)(I), a lifetime ban with the possiblilty of appplying for a waiver after remaining outside of the US for 10 years. Permission must be given by the Secratary of Homeland Security to apply for the waiver in this case. The I-601 waiver is available for the spouse/fiance or son/daughter of a US citizen.

The I-192 is a possibility, but very difficult to obtain.

I wanted to ad that the I-192 is for a non-immigrant visa. Like Boiler stated, all that is at risk is the $545 application fee.