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Filed: Other Country: Morocco
Timeline
Posted

Hello, I have americain vida for 10 years , I spent 6 months in America.

I requested an extension of the I-94 , but unfortunately ,I received the letter of refusal after 4 months of my application, means that I have spent 10 months,

now I'm in Morocco with my son who is a U.S. citizen,

and I am forced to return because the school my son has ask he will have returned has l school August 13, I fear having problems at the airport, while knowing that I have all necessary documents (the letter of the school, the letter of refusal with the date), and his living father to the usa,




Filed: Citizen (apr) Country: Ecuador
Timeline
Posted (edited)

*** Thread moved from Embassy/Consulate forum to the Work Visas forum -- OP holds H-1B visa (according to left sidebar) and might be answered by others in the destination forum. If OP has a different visa, further moves are appropriate. ***

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Citizen (apr) Country: Ireland
Timeline
Posted (edited)

OP- your info is confusing, which makes it difficult to advice.

- Are you from Morocco as states\d, or American Samoa as your profile says?

- What visa did you enter the US on? If it is a H1B, are you still working for the same employer?

- Is the father of the child legally in the USA?

If you are from Morocco and entered the US on a tourist visa, which is what it sounds like, you must stay out longer than in. You cannot live in the USA with such a visa, even if you have a US citizen child. Your child is allowed to travel, and can maybe stay with his father, or attend a boarding school? If not, you will need to enroll him in a school in Morocco where you live.

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Citizen (apr) Country: Poland
Timeline
Posted

Also with visa extensions denial, OP could have accumulated overstay and may no longer have a B1/B2 visa that I think he/she said she has (10 year visa in first post). So I would definitely expect problem at the border, more like almost guaranteed entry denial.

School of US citizen child here is completely irrelevant.

Filed: K-1 Visa Country: Wales
Timeline
Posted

My guess is that all the info in the sidebar is wrong.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Country: Morocco
Timeline
Posted (edited)

OP- your info is confusing, which makes it difficult to advice.

- Are you from Morocco as states\d, or American Samoa as your profile says?

- What visa did you enter the US on? If it is a H1B, are you still working for the same employer?

- Is the father of the child legally in the USA?

If you are from Morocco and entered the US on a tourist visa, which is what it sounds like, you must stay out longer than in. You cannot live in the USA with such a visa, even if you have a US citizen child. Your child is allowed to travel, and can maybe stay with his father, or attend a boarding school? If not, you will need to enroll him in a school in Morocco where you live.

I have a touriste visa b1/b2 and I want to get my son to usa from his father , I have a lot of job in Morocco now ,so I can not definitely living now in colorado.

Edited by Kathryn41
to add OP's response mistakenly sent to Report forum
Filed: Country: Vietnam (no flag)
Timeline
Posted

Your son is a US citizen, so he will not have any problem with US immigration at the airport. If there is an issue with him leaving, it will be in the Morocan side.

Once your extension was denied, you were deemed a visa overstay and your 10 years visitor visa was automatically revoked. Since your unlawful presence was less than 180 days, you do not have a ban. With a revoked visitor visa die to an overstay, you have found and will find that it will be extremely hard to get another one especially with a husband and US citizen child both in the US.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

**** Moving from Work to Tourist Visa forum as OP has clarified she has/ had a B2 ****

It is extremely unlikely they will let you in even for a day to bring your son over, because of your overstay and having strong ties to the USA (US citizen son and his dad)..

How old is your son? He may be able to travel as an unaccompanied minor- ie you bring him to the airport, and his dad picks him up at the other end. Other options include getting a friend to travel with your son or his father collecting him.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

I have a touriste visa b1/b2 and I want to get my son to usa from his father , I have a lot of job in Morocco now ,so I can not definitely living now in colorado.

I am little confused, where is your son in US or in Morocco with you and where you want him with you in Moroccow or you want him with his father in US?

You will not be able to travel to US, thats for your sure not on tourist visa.

Filed: Country: Vietnam (no flag)
Timeline
Posted

Once the visa extension was denied, the OP's visitor visa was automatically revoked as a matter of law.

She no longer has a valid visa, so no way will she be allowed into the US. Whether the air carrier will let her fly is a completely different matter if they are unaware of the revocation.

Even if she makes it to the US, CBP will detain her for failure to have a valid visa. The will bring her minor son along with her until they contact dad. This could take hours even if dad is waiting in the airport. For this reason alone, I strongly suggest the OP doesn't even try to board a plane for the US. There is no reason to put a child through this - watching CBP detain, question, and deny entry to a parent. If this happens, then it's the parents' fault. CBP will only be doin their jobs.

 
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