Please Help Immigration Case

[lala123love 2]

My father has an immigration case in the US embassy and when my family went to go to our interview it was refused due to his deportation ban. Now they are telling us that the ban is over and he may come one and do his interview again (for the third time). The problem is now the embassy is stating that my mother has a ban on her as well because she over stayed but was never given a court order nor deportation order. My mother since leaving the us and returning back to her home country has been approved for a student visa where she stayed legally for 5 years with all valid paperwork. My mother was traveling back and forth the us and her home country without any problems from homeland security. Is this possible and is there any waiver to help her? Also, at the interview my mother was never given a refusal letter stating she had a ban, we were just notified of this. It seems as though the offier that handled our case did it tear my family apart. Please any imput would be very helpful. Thank you. 

[Unlockable 7,314]

Hi.

 

Need a little more info. Did you mother overstay any of her trips to the US? 

[lala123love 2]

Just the first time she went she over stayed but left voluntarily, after she left she applied for an f1 and go approved and the embassy said no such thing about a ban at that interview and they knew she overstayed. 

[Unlockable 7,314]

How long did she overstay her first visit?

 

On the F1, did she enter and attend the school with no problems? Abode all requirements of the school and visa?

 

 

[lala123love 2]

she overstayed with my father for 10 years. But he was the only one who got a deportation order and was deported. 

 

Yes she had absolutely no problems at school and she graduated and got an opt card. Thats when she came back to the embassy for the interview and was told about this ban. However, she never received a document stating a refusal for her name, just my father got a ban under 9B2. She had been traveling when she was in school to visit my father and had no problems at all leaving and entering the US.

[f f 725]

if an immigrant overstay thier visa by more than 180 days it is an automatic 3 year ban and an overstay of more than 1 year is an automatic 10 year ban. these are given out to anyone from the date of thier eventual departure from the us and no courts are involved. if she was flagged with a ban on the first trip but then was let in afterward while the ban should have been in effect they might call it illegal entry even though she was allowed in she is still responsible for knowing the rules.

 

it would be helpful if you could provide all of the dates of entery and exit as well as which visas and how long each stay was authorized for.

[Coco8 1,042]

It is weird because if she had a ban she would not have received the F-1 in the first place. 

 

You need more information. Could you contact a senator in your state? Ask to talk to a immigration liaison. They can request information from the consulate directly and the consulate has to reply to them with detailed information. They can also advice you given the information they are provided. 

 

 

[lala123love 2]

But the embassy knew about her overstay and still said nothing when she went in for her F1 interview. My mother wasnt aware of this back then. 

 

She came in Jan 15 2010 is when she entered for her F1 visa and she left in March 31, 2015 before her visa expire. 

And then im not sure the exact dates when she traveled overseas. She stayed about a month or latest was two months. I know she went back and forth 4 times and had no issues coming back into the country.

 

This is my confusion if there was any problem with her wouldn't it be in the system when she did her fingerprints? 

Is there any waiver for this?

 

Thank you for responding.  

[lala123love 2]

Yes my brother who is a US citizen contacted the senator and sent them an email.

 

Thats here I was confused as well, they knew her overstaying and she still got approved and traveled with her kids, me included, and never had an issue with any of her paperwork. 

The lady that was interviewing us said it was a mistake that he approved her F1 visa. Still this was not our mistake. We cant be held accountable for someone who doesnt know how to do their job. 

[f f 725]

there are wavers but you need to know the reason of the ban to see if a waver can be used.

[f f 725]

1 minute ago, lala123love said:

Still this was not our mistake. We cant be held accountable for someone who doesnt know how to do their job. 

yes you can. and they do. it is your responsibility to know the laws. 

[lala123love 2]

the reason was because she over stayed her visa. 

[lala123love 2]

isnt it also their responsibility to know the laws as well? We honestly did not know you can still be banned without having a deportation order. 

[geowrian 22,337]

The ban for overstay is automatic upon leaving the US after accruing at least 180 days of unlawful presence (3 years for 180 days-1 year, 10 years for 1 year+),. There is no need for any court order or other ruling. The officer did not do anything specifically against her or your family...this is a statutory ban upon leave with enough unlawful presence.

 

1 minute ago, lala123love said:

Yes my brother who is a US citizen contacted the senator and sent them an email.

 

Thats here I was confused as well, they knew her overstaying and she still got approved and traveled with her kids, me included, and never had an issue with any of her paperwork. 

The lady that was interviewing us said it was a mistake that he approved her F1 visa. Still this was not our mistake. We cant be held accountable for someone who doesnt know how to do their job. 

Okay, this explains a lot. Thanks! So she wasn't supposed to have been issued the visa. Yes, that's their mistake. But the overstay - and ban because of it - is her mistake. Just because they made a mistake in the past doesn't mean that the consequences don't apply for any new visa. Honestly, she was very fortunate to have had the visa in the first place.

 

There is a waiver available for a ban due to overstay. I'm assuming this was in connection with a/n (family-based) immigrant visa application, right? If so, there is an I-601 waiver available that the petitioner would need to fill out and show a hardship. ETA: ~4-12+ months (usually somewhere between 6-10 months that I've seen recently). If my assumption is incorrect, please clarify the situation.

[Coco8 1,042]

 

Just now, f f said:

yes you can. and they do. it is your responsibility to know the laws. 

 

Yeah, it is a difficult case because the issue is whether they should consider the 5 years you were in the U.S. as part of the ban or if you have to serve 5 years outside of the US to complete the time of the ban. This case is probably an odd one.  It seems that you need to find the specific regulations on the matter and see how the time is counted.