Admission Withdrawn

[Vanessa Bertrand 2]

I badly need help on something.

My mom had immigration proceedings in Detroit, MI last April 2012.

Here's what happened. She came to the United States in August 2011 and went home to the Philippines on February 2012 for my graduation. She went back to the US in April 2012 and then she was sent back to the Philippines because "SHE WAS BACK SO SOON".

Her visa is a Tourist/Visitor's visa in multiple entries. Her visa was cancelled. However, she wasnt removed or deported. She voluntarily withdrew her admission so she will not fall under the 5 year suspension rule.

I filed for her petition using I-130 but I was denied because Im not yet 21.

How can I get her here to come back? Please help me. Thank you.

[apple21 953]

You have to wait until you turn 21.

[Vanessa Bertrand 2]

I know. but i want her here. (( so bad. i have like 1 more year i just turned 20.

[Moomin 292]

She has to demonstrate strong ties to her home country in order to get a tourist visa.

Besides that, I think the reson for sending her back was more or less having spent more time in the US than in home country over a rolling year. It's 6 months from August til February however the 6 months are part of a rolling year so she already spent 180 days in the US from August 2011 until August 2012. The only way to "even it out" is by spending time in home country.

I have no idea if the denied petition will affect the outcome of a tourist visa.

[aaron2020 11,651]

I badly need help on something.

My mom had immigration proceedings in Detroit, MI last April 2012.

Here's what happened. She came to the United States in August 2011 and went home to the Philippines on February 2012 for my graduation. She went back to the US in April 2012 and then she was sent back to the Philippines because "SHE WAS BACK SO SOON".

Her visa is a Tourist/Visitor's visa in multiple entries. Her visa was cancelled. However, she wasnt removed or deported. She voluntarily withdrew her admission so she will not fall under the 5 year suspension rule.

I filed for her petition using I-130 but I was denied because Im not yet 21.

How can I get her here to come back? Please help me. Thank you.

There is nothing you can do.

Based on the time that your mother spent in the US, it does seems that she was abusing the tourist visa to live in the US until you could legally petition for her.

Your mother has immigrant intent, so she is unlikely to get another tourist visa.

You must be 21 years old to petition for her.

There is no other way.

Sorry.

[apple21 953]

Her visa is a Tourist/Visitor's visa in multiple entries. Her visa was cancelled. However, she wasnt removed or deported. She voluntarily withdrew her admission so she will not fall under the 5 year suspension rule.

I know. but i want her here. (( so bad. i have like 1 more year i just turned 20.

If you push your mother to get ANOTHER tourist visa, it will just create a BIGGER problem for both of you.

It is possible that your mother's name is already on the US Embassy's "watch list", so it's pointless for her to apply again.

[TBoneTX 45,303]

*** Thread moved from K-1 Process to Tourist Visas forum -- topic pertains to tourist visa. ***

[Boiler 45,522]

Sounds like you need to be the one doing the visiting.

[jaycali 415]

I badly need help on something. My mom had immigration proceedings in Detroit, MI last April 2012.Here's what happened. She came to the United States in August 2011 and went home to the Philippines on February 2012 for my graduation. She went back to the US in April 2012 and then she was sent back to the Philippines because "SHE WAS BACK SO SOON".Her visa is a Tourist/Visitor's visa in multiple entries. Her visa was cancelled. However, she wasnt removed or deported. She voluntarily withdrew her admission so she will not fall under the 5 year suspension rule.I filed for her petition using I-130 but I was denied because Im not yet 21.How can I get her here to come back? Please help me. Thank you.

Here's what happened:

1. Your mother was on a tourist visa - which allows visits for up to 6 months at a time, as a tourist.

2. She spent 6 months in the US, returned to the Philippines, and tried to re-enter only a couple months later (for another 6 months?)

3. The CBP in Detroit did not believe that she was a genuine tourist. Their reasoning for this is clear, who spends 6 months in the US as a tourist, returns home and comes back to spend another long term vacation? The CBP suspected she was using the visa to de facto live in the US - which is not what the tourist visa is intended for.

Here are your options:

1. Wait until you're 21 and file an I-130 for your mother. Wait in line until she gets her immigrant visa. She can them move to the US and live here.

2. Have her apply for another tourist visa - This probably isn't going to be approved, as she'll have a hard time convincing the embassy in Manila that she only intends to use it for tourism purposes.

The fact that she didn't get a 5 year bar doesn't mean she will get a new visa within 5 years. It means she can still apply for a visa. Immigration is the only area in US law where you are guilty until proven innocent, meaning it's up to your mother to prove she's a genuine tourist, not on the embassy/CBP to prove she's not.

[Vanessa Bertrand 2]

Okay so I am finally 21 yrs old!! last Sept 17. and I immediately filed for my mother's petition on Sept. 20. SO hopefully it will be quick.

[apple21 953]

Okay so I am finally 21 yrs old!! last Sept 17. and I immediately filed for my mother's petition on Sept. 20. SO hopefully it will be quick.

Belated happy birthday. Best of luck.

[Vanessa Bertrand 2]

Thank you!