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Refusal on I-130 to issue IR5 for my mom

By Son in Bringing Family Members of US Citizens to America

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Son Newbie

Son   0

Posted
Filed: IR-5 Country: Russia
 Timeline
Posted

I am US citizen. My mother got a refusal letter on I-130 for IR5 visa. Main issue was that in 2003 she overstayed her B1/B2 visa, filed for an asylum but missed the interview, then got a referral to immigration judge (it was not a refusal for an asylum!) but left the US earlier the hearing at immigration judge office for her own expense. Please advise what might be the steps as there just 30 days to appeal.

Thank you,

Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

I am US citizen. My mother got a refusal letter on I-130 for IR5 visa. Main issue was that in 2003 she overstayed her B1/B2 visa, filed for an asylum but missed the interview, then got a referral to immigration judge (it was not a refusal for an asylum!) but left the US earlier the hearing at immigration judge office for her own expense. Please advise what might be the steps as there just 30 days to appeal.

Thank you,

Hire a lawyer to help you. It doesn't matter that your mother left on her own. She overstayed her visa. She had an opportunity to defend her overstay and she abandoned it. She is subject to a ban from the US and a refusal of an immigration visa. You will need a good lawyer to help you. This is not a case to handle on your own at this point.

  • 3 weeks later...
RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

I am US citizen. My mother got a refusal letter on I-130 for IR5 visa. Main issue was that in 2003 she overstayed her B1/B2 visa, filed for an asylum but missed the interview, then got a referral to immigration judge (it was not a refusal for an asylum!) but left the US earlier the hearing at immigration judge office for her own expense. Please advise what might be the steps as there just 30 days to appeal.

Thank you,

mother's case turned out ok...?

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

  • 2 weeks later...
shauntemoore Contributor

shauntemoore   0

Posted
Filed: Country: Guyana
 Timeline
Posted

Hire a lawyer to help you. It doesn't matter that your mother left on her own. She overstayed her visa. She had an opportunity to defend her overstay and she abandoned it. She is subject to a ban from the US and a refusal of an immigration visa. You will need a good lawyer to help you. This is not a case to handle on your own at this point.

Congrats on Yr MOM.

Can U say

Which is thev Atlanta Georgia Service Centre and Local Office??

 
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