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Filed: Timeline
Posted (edited)

A family member of mine was brought to "custom service" at the airport in the U.S. when travelling over there for a summer vacation. She was asked by the immigration officer where were her children at the time and she lied, saying that they were in their native country when in real they were overstaying a little more than a year in the U.S. (both children are minors). The immigration officer find out that they were overstaying in the U.S. That was the only question she lied about. After the immigration officer find out the truth my family member told the truth in every question she was asked. At the end of her stay in the U.S. she returned to her native country with her children. Now she has met an American citizen and they are planning to marry. Is she at risk of having a K1 Visa approved in the future because of the fact that she lied in a question to an immigration officer?

Edited by bca94
Filed: Other Country: China
Timeline
Posted (edited)

A family member of mine was brought to "custom service" at the airport in the U.S. when travelling over there for a summer vacation. She was asked by the immigration officer where were her children at the time and she lied, saying that they were in their native country when in real they were overstaying a little more than a year in the U.S. (both children are minors). The immigration officer find out that they were overstaying in the U.S. That was the only question she lied about. After the immigration officer find out the truth my family member told the truth in every question she was asked. At the end of her stay in the U.S. she returned to her native country with her children. Now she has met an American citizen and they are planning to marry. Is she at risk of having a K1 Visa approved in the future because of the fact that she lied in a question to an immigration officer?

If she was allowed to visit anyway, there should be no issue. If the children wish to immigrate though, they may be subject to an entry ban because of their overstay. How long ago did they leave the USA?

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Timeline
Posted

If she was allowed to visit anyway, there should be no issue. If the children wish to immigrate though, they may be subject to an entry ban because of their overstay. How long ago did they leave the USA?

Her children entered the U.S. with a VWP on June 26, 2011 and left August 28, 2012. The reason why I pointed out that they are minors is to keep in mind that, at least according to what I've read in the internet and old topics that I have made in the forum, they don't have any ban since they overstayed as minors and left as minors. They would have to be 18 in order to have their days counted for a 3 or 10 year ban depending on how long they overstayed.

Filed: Other Country: China
Timeline
Posted

Her children entered the U.S. with a VWP on June 26, 2011 and left August 28, 2012. The reason why I pointed out that they are minors is to keep in mind that, at least according to what I've read in the internet and old topics that I have made in the forum, they don't have any ban since they overstayed as minors and left as minors. They would have to be 18 in order to have their days counted for a 3 or 10 year ban depending on how long they overstayed.

Then there is probably no issue.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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