How to bring an elderly parent of US citizen who overstayed 6-7 years ago

[drujan 0]

Question: Would the consulate ever close the eyes on the overstay of an elderly parent (high 80s) of a US citizen?

The elderly legally blind grandmother overstayed in US about 3 years, then left US. In theory, she has a 10-year bar to entry, but since she never applied for another visa, there was no official 10-year bar issued.

If six or seven years later (i.e., with only 3-3.5 years left of the theoretical 10-year bar) she applies for an immigrant visa as a parent of US citizen, what are the chances the visa will be granted?

Given the very advanced age and blindness of the applicant, is it possible the consulate will overlook the remainder of the 10-year bar and not bar her entry?

[Anh map 2,098]

Question: Would the consulate ever close the eyes on the overstay of an elderly parent (high 80s) of a US citizen?

The elderly legally blind grandmother overstayed in US about 3 years, then left US. In theory, she has a 10-year bar to entry, but since she never applied for another visa, there was no official 10-year bar issued.

If six or seven years later (i.e., with only 3-3.5 years left of the theoretical 10-year bar) she applies for an immigrant visa as a parent of US citizen, what are the chances the visa will be granted?

Given the very advanced age and blindness of the applicant, is it possible the consulate will overlook the remainder of the 10-year bar and not bar her entry?

Why is an elderly blind person exempt from the possible ban based on their conscious action/decision? The consular officers have to apply the regulations equally.

[ceadsearc 516]

No. She may not even be admitte after the ban is served unless you can prove she will have insurance and not become a public charge since she is older and with medical issues. She has to sit out the ban, though.

[aleful 1,905]

Question: Would the consulate ever close the eyes on the overstay of an elderly parent (high 80s) of a US citizen?

The elderly legally blind grandmother overstayed in US about 3 years, then left US. In theory, she has a 10-year bar to entry, but since she never applied for another visa, there was no official 10-year bar issued.

If six or seven years later (i.e., with only 3-3.5 years left of the theoretical 10-year bar) she applies for an immigrant visa as a parent of US citizen, what are the chances the visa will be granted?

Given the very advanced age and blindness of the applicant, is it possible the consulate will overlook the remainder of the 10-year bar and not bar her entry?

nope, immigration applies the laws fairly, they new what they were doing was wrong, so they have the 10 year ban, nothing will change that.

[drujan 0]

Why is an elderly blind person exempt from the possible ban based on their conscious action/decision? The consular officers have to apply the regulations equally.

Why, you ask? Why not? Parents who spend years working and living in US illegaly get to adjust their status despite their conscious decision to break the law. Laws are not equal.

I'm not here to debate fairness, I'm just asking if anyone ever faced a similar situation, whether there's any wiggle room on part of the consul, or if there's another way (like humanitarian parole, for example, or getting a tourist visa so at least she could spend 6 months of every year in US).

An almost 90 y.o. totally blind grandmother was brought to US by her only adult child and granddaughter, who didn't let her leave in time since she was completely dependent on them. So she overstayed 2-3 years. When a family member promised to take care of her back home, she left - staying in US is no picnic when you're completely blind and old and far from your few remaining friends. Now the situation changed, once again, the caretakers will have to be her only child and granddaughter.

Given that 1) the ban was never officially issued, 2) there's only 3 years remaining of the potential ban, and 3) the almost 90 y.o. blind woman will likely die before she has a chance to "wait it out", what are the chances she can be issued a visa to US?

[benuk 18]

Why, you ask? Why not? Parents who spend years working and living in US illegaly get to adjust their status despite their conscious decision to break the law. Laws are not equal.

I'm not here to debate fairness, I'm just asking if anyone ever faced a similar situation, whether there's any wiggle room on part of the consul, or if there's another way (like humanitarian parole, for example, or getting a tourist visa so at least she could spend 6 months of every year in US).

An almost 90 y.o. totally blind grandmother was brought to US by her only adult child and granddaughter, who didn't let her leave in time since she was completely dependent on them. So she overstayed 2-3 years. When a family member promised to take care of her back home, she left - staying in US is no picnic when you're completely blind and old and far from your few remaining friends. Now the situation changed, once again, the caretakers will have to be her only child and granddaughter.

Given that 1) the ban was never officially issued, 2) there's only 3 years remaining of the potential ban, and 3) the almost 90 y.o. blind woman will likely die before she has a chance to "wait it out", what are the chances she can be issued a visa to US?

Hello there, we all here understand your position and what you feel regarding your family member but as well you asked a question and got probably the answer that you didn't expected BUT it's what it's...You still can have a goal and see what happens!WHY NOT? You can come here and ask for a opinion but in the end of the day you will do whatever you want anyway!!

Good luck

Edited May 14, 2012 by benuk

[belinda63 3,038]

There is no "official serving" of a ban, when the person applies for a visa to the US they are then informed of the ban and if they are eligible for a waiver. She will have to serve out her time before she will be granted a visa to the US.

I have never heard of the ban being waived due to advanced age.

[Penguin_ie 5,993]

There is no wriggle room, the CO has no choice in the matter

[ceadsearc 516]

There is no wriggle room, the CO has no choice in the matter

This. I'm sorry for your grandmother's situation but there is nothing that can be done. The ban was triggered when she left the country and she will have to wait 10 years.

[drujan 0]

Hello there, we all here understand your position and what you feel regarding your family member but as well you asked a question and got probably the answer that you didn't expected BUT it's what it's...

Thank you. Actually, I got the exact answer I expected. We researched the law before she left US, and we knew perfectly well at the time that there were no waivers for parents of US citizens. However, when I posted the question I was more interested in the practical experience of those in similar situations. The consuls do not always follow the book 100% (sometimes to the benefit of the applicant, sometimes to the detriment), so I'm left wondering if this particular law is always followed 100%.

What other options are available?

E.g., does anyone have any experience with either humanitarian parole, or with getting a waiver for a non-immigrant (tourist) visa?

Edited May 15, 2012 by drujan

[JimVaPhuong 4,863]

Thank you. Actually, I got the exact answer I expected. We researched the law before she left US, and we knew perfectly well at the time that there were no waivers for parents of US citizens. However, when I posted the question I was more interested in the practical experience of those in similar situations. The consuls do not always follow the book 100% (sometimes to the benefit of the applicant, sometimes to the detriment), so I'm left wondering if this particular law is always followed 100%.

What other options are available?

E.g., does anyone have any experience with either humanitarian parole, or with getting a waiver for a non-immigrant (tourist) visa?

Consular officers don't always apply their discretion in the same way, but they rarely look the other way when the law is clear. This isn't a discretionary decision for a consular officer. A consular officer who issued her a visa knowing that she was subject to a 10 year ban would be putting their job on the line.

The determination whether a ban applies is made when you apply for a visa, admission to the US, or any other immigration benefit. That's why they generally don't accept an application to waive the ban until a visa has been applied for and denied.

About the only slack they cut an elderly visa applicant is they general wouldn't suspect them of coming to the US to shop for a US citizen spouse. On the other hand, they'd be a bit more concerned about an elderly applicant's means of support while they're in the US.