Supporting documents for IR 5 (a complex case)

[E Staros 0]

Hi all:

I joined VJ because I have what I think is a complicated case, and I would like everything to go smoothly with my mom's IR 5 case. I am expecting a baby in December and I was hoping to get my mom from Russia to the US before then.

In 2006, my mom overstayed her US tourist visa by 10 months. All that time she was living with me or with her boyfriend in Florida. I sent I-130 on her behalf last March (03/2010), then an affidavit of support in May (05/2010), and a DS 230 in February 2011. The reason for the break in between was because I was updating my mom's last name with the NVC, and this back-and-forth communication took awhile.

The latest Notice of Action requires supporting documents: my mom's marriage/divorce certificates, birth certificate, police certificate from Russia, etc, as well as stuff from me.

My question is this: since my mother lived here, in the US, almost a year (first while the visa was still good and then 10 more months past the term of the visa), does she need to get a police certificate from the US as well? If she resides in Russia, how can she request such a document? Is there a way for me to do it for her?

Another question is: the attorney recommended that she carry evidence of departure from the US on such- and such- a date to prove that she did leave the U.S. before that dreaded one-year term past the expiration of the visa. My mom threw away her ticket stubs (big mistake). So... is there a way for her to obtain the record of departure from the U.S. from customs authorities? If anyone has had the same experience, would you post?

Thanks a million!

E.Staros

[Steph1988 11]

If your mom overstayed more the 180 days, she will be facing a 3 year banned from the usa. If she had over stayed by a year a more its a ten year banned. She would most likly get denied at the interview and she could file for a waiver and from there i dont know how that works.

[Inky 1,111]

She does not need a police report from the USA. Only from the foreign countrys lived in.

[Gosia & Tito 199]

Hi all:

I joined VJ because I have what I think is a complicated case, and I would like everything to go smoothly with my mom's IR 5 case. I am expecting a baby in December and I was hoping to get my mom from Russia to the US before then.

In 2006, my mom overstayed her US tourist visa by 10 months. All that time she was living with me or with her boyfriend in Florida. I sent I-130 on her behalf last March (03/2010), then an affidavit of support in May (05/2010), and a DS 230 in February 2011. The reason for the break in between was because I was updating my mom's last name with the NVC, and this back-and-forth communication took awhile.

The latest Notice of Action requires supporting documents: my mom's marriage/divorce certificates, birth certificate, police certificate from Russia, etc, as well as stuff from me.

My question is this: since my mother lived here, in the US, almost a year (first while the visa was still good and then 10 more months past the term of the visa), does she need to get a police certificate from the US as well? If she resides in Russia, how can she request such a document? Is there a way for me to do it for her?

Another question is: the attorney recommended that she carry evidence of departure from the US on such- and such- a date to prove that she did leave the U.S. before that dreaded one-year term past the expiration of the visa. My mom threw away her ticket stubs (big mistake). So... is there a way for her to obtain the record of departure from the U.S. from customs authorities? If anyone has had the same experience, would you post?

Thanks a million!

E.Staros

"So... is there a way for her to obtain the record of departure from the U.S. from customs authorities? If anyone has had the same experience, would you post?" - How about passport stamps (exit here/entry in Russia)?? Did she turn in her I-94? That would be recorded. Finally, she traveled in a US airline? There are retention periods here for things like that and an airline might still have those records (depending on the retention period), now getting them might be challenging but if you know the exact date and flight it could work

[RICARDO4EVA2 194]

In 2006, my mom overstayed her US tourist visa by 10 months.

My question is this: since my mother lived here, in the US, almost a year (first while the visa was still good and then 10 more months past the term of the visa), does she need to get a police certificate from the US as well? If she resides in Russia, how can she request such a document? Is there a way for me to do it for her?

Yes she was in the USA more than 6 months and would need to cover that period which would then create issues for the overstay. if living in Russia she and lived in different parts a PCC needs to be obtained for each jurisdiction if she lived there more than 6 months. See below for more information that might help.

*****

People living in Russia should apply to the Information Centre of the Ministry of Internal Affairs, Head Department of Interior Affairs (GUVD) or Department of Interior Affairs (UVD) of their city/region/republic (see “ГУВД и УВД в субъектах России” atwww.mvd.ru/contacts/sites/). Please ensure you request that your police certificate is issued using the standard form according to the instructions of the Ministry of Interior Affairs dated January 2002. Please note that police certificates issued by local militia offices are not acceptable.

People living outside Russia should apply to the Consular section of the nearest Embassy of Russia in the country of residence. Foreigners living outside Russia can also apply to the Main Information and Analytical Centre.

****

Another question is: the attorney recommended that she carry evidence of departure from the US on such- and such- a date to prove that she did leave the U.S. before that dreaded one-year term past the expiration of the visa. My mom threw away her ticket stubs (big mistake). So... is there a way for her to obtain the record of departure from the U.S. from customs authorities? If anyone has had the same experience, would you post?

Since she has departed the USA for quite some time it may not be necessary to request the document. instead she can show proof that she has maintained a presence in her current country through receipts.. she CAN send a copy of the arrival stamp in the passport used to travel.

Thanks a million!

E.Staros

[Brother Hesekiel 2,236]

She doesn't need a police certificate from the US.

Her departure from the US in 2006 is in the federal database, the same that recorded her 3-year bar.

Staros is not a Russian but a Greek name.

[E Staros 0]

If your mom overstayed more the 180 days, she will be facing a 3 year banned from the usa. If she had over stayed by a year a more its a ten year banned. She would most likly get denied at the interview and she could file for a waiver and from there i dont know how that works.

Thanks for the answer! I am aware that my mom triggered a 3-year ban. The only light at the end of the tunnel is that the ban period has passed. The attorney did suggest a waiver to give to the officers in case of denial, but also mentioned that it may very well not be needed. I am wondering about any personal experiences with preparing and submitting waivers. Also, since attorneys are so expensive in South Florida, is it possible to prepare a successful waiver without legal counsel? If anyone can post, please do; I would really appreciate it. Thank you in advance!