Lost Visa

[yatsek 32]

It all depends on whether she was ordered removed or was permitted to withdraw her appplication for admission.

[canadian_wife 1,827]

I am sorry this has happened.  I was denied entry twice into the United States so I know how frustrating, as often humiliating, it can be.

 

Can you please give us the dates your mother-in-law was last in the US and how long she stayed for each visit?

 

Good luck 

[f f 725]

4 hours ago, JohnETuft said:

this time she bought a plane ticket for four months to help us out with her grandson

this is work.

in the eyes of immigration she was coming to do the work you could be paying some one to do.

I doubt she will get a visa while there is the potential for her to do this type of work again.

[CEE53147 559]

You can do nothing to help get your future MIL a visa.  Frequent extended visits by an older relative to a single parent  is certainly a situation in which the visitor can be suspected to be providing child care for a grandchild. You even admit that this was one reason for her visit.

 

She should plan to apply again but should be bolstering her case for returning back to her home.  If she intends to apply for a green card in the future, she is an intending immigrant and is at high probability for overstay with the current situation in Central American countries, Given the current immigration concerns, many individuals who previously had no problems are being looked at with more skepticism.

 

If you have a wedding planned for the future, I suggest she make that the reason for the next visa application and make it for a trip in keeping with a special event (less than a month) and not an extended vacation. However, if it is important for her to be at the wedding, do not make any plans that cannot be changed since the visa is in question.

 

 

[Boiler 45,940]

You refer to a Fiancee and MIL?

 

Anyway she can apply as often as she likes but difficult to see a successful outcome with her history.

 

When will he daughter be a USC?

[CEE53147 559]

From the description, most of Mother's life is in her home country. A green card is not a substitute for a visitor visa. Unless the mother truly intends to make the US her home, she should continue to seek a visitor visa.

 

OP must understand the cost of having his MIL move to the US and be willing to adjust his lifestyle to accommodate the needs and costs of supporting an elderly person especially if that individual will not be employed in the US.

 

It would be interesting to have more of a travel history to see if the group can deduce why MIL was denied entry. 

 

Another option is for MIL to seek legal advice from a US immigration attorney. While an attorney cannot guarantee entry, he/she may be able to determine if there is something damaging to MIL's application or history that can be corrected. Given the fraudulent documents that are available, someone else may have used her name and information.

[Unidentified 2,930]

12 hours ago, JohnETuft said:

My future mother in law was supposed to be visiting us and when she arrived in LA, they detained her, took away her Visa, and sent her back to Costa Rica.  We can only assume it was because she stayed for her last two visits for almost her max allowed time...and this time she bought a plane ticket for four months to help us out with her grandson.  She has all of the rest of her family, her mother, all her other grandchildren, and her part time job in Costa Rica.  She is not trying to live here, she is just trying to spend time with her grandson and her daughter...both of which she didn't see for more than two years before this most recent two year run of visits.  Is there any way for her to get her Visa back?  Is she allowed to reapply?  Are there any recommendations/rules that she needs to follow when doing so?  Is there anything I can do on my end to facilitate the process?  It seems cruel to not allow a 60+-year-old woman to not enter the country to visit her daughter/grandson...with all the crime and drugs that come over the border, you wish they focused more on 'threats'.  My fiance feels she may never see her mother again and is devastated.  My fiance only has a green card and is not terrified to leave the country for fear the Trump 'new rules' can deny her re-entry at any time like has already happened to people with green cards...please advise.  Everything is welcome.   I would like to get my mother in law her visa status again.  Thank you.

The first would consider working. 

 

Correct me if I am wrong but the only people with Green Cards that has been denied was during the confusion of the first travel ban of people of certain middle eastern countries. Your fiance can go visit her. 

11 hours ago, JohnETuft said:

She said that they kept trying to confuse her and tell her that they know that she is coming to work and clean houses, and that they talked to her daughter and her  daughter already told them that she was coming to clean houses...and she said that only house she ever cleaned was her son-in-laws (mine).  I do not know if she signed anything, or if they  wrote anything on her visa yet...she just arrived this morning back to her  country. 

So both her and the daughter told the CBP officer that she's coming to the US to work? Cleaning your house and watching your son is considered working. Yeah I don't think she is getting a new tourist visa anytime soon.

[Unidentified 2,930]

2 hours ago, CEE53147 said:

 

It would be interesting to have more of a travel history to see if the group can deduce why MIL was denied entry. 

 

In one post he said that the future MIL and the daughter told CBP she was coming to clean houses. 

[NikLR 13,232]

4 hours ago, Unidentified said:

In one post he said that the future MIL and the daughter told CBP she was coming to clean houses. 

No the CBP told the MIL that because they were lying and trying to gwt her to say she was doing something she wasnt.  Babysitting isnt allowed, and likely she had had too many and too long of visits thus her visa was revoked.  It'll be a while before she can get a new one. 

[Unidentified 2,930]

1 minute ago, NikLR said:

No the CBP told the MIL that because they were lying and trying to gwt her to say she was doing something she wasnt.  Babysitting isnt allowed, and likely she had had too many and too long of visits thus her visa was revoked.  It'll be a while before she can get a new one. 

"She said that they kept trying to confuse her and tell her that they know that she is coming to work and clean houses, and that they talked to her daughter and her  daughter already told them that she was coming to clean houses...and she said that only house she ever cleaned was her son-in-laws (mine).  I do not know if she signed anything, or if they  wrote anything on her visa yet...she just arrived this morning back to her  country."

[NikLR 13,232]

The CBP said those things to his MIL. He did not say the daughter (his SO) had said those things and I highly doubt she would.  

CBP will lie to people to trip them up. 

[Unidentified 2,930]

7 minutes ago, NikLR said:

The CBP said those things to his MIL. He did not say the daughter (his SO) had said those things and I highly doubt she would.  

CBP will lie to people to trip them up. 

Then why would OP say that the daughter told CBP the mom is cleaning houses? Yes I know that CBP probably tricked it out of her, and because her English is probably not great, she said the mother was cleaning houses not realizing what CBP actually ment. But OP said CBP talked to the daughter who said she was cleaning houses which is working on a tourist visa. 

[Going through 5,671]

I have hunch that the Border Officer just told the mother that that's what her daughter said when they talked to her.  I also have a hunch that the Border Officer never spoke to the daughter at all, and just told the mother they did to see what her reaction would be (hence her confusion when replying that the only house she's ever cleaned in the US was the OP's house.)  My mother has washed dishes in my kitchen and straightened up my living room before when visiting on holiday---doesn't mean she was working for me as a cleaner.  

 

It truly sounds like miscommunication and misunderstanding from both the mother and the officer.  

 

Border officers have been known to outright lie to people crossing the border just to see what they will say in response.  They are also really good at acting all buddy-buddy with someone to try to gain further information in a casual way.  I admire them for this, actually, because they are very good at what they do.

 

Of course, there is also the possibility that they did indeed talk to the OP's wife and she expressly said the mother was coming to America to work in some way.  Hopefully the OP can ascertain from his wife if she received any such call, and if so, what was said.

Edited July 31, 2017 by Going through

[Boiler 45,940]

Details are vaguely interesting, however her visa was revoked and he will not be getting another one anytime soon.

[Unlockable 7,315]

Saw @JohnETuft's other thread about adopting his stepson so he can be able to petition the grandmother so it does look like the there is immigrant intent.

 

@JohnETuft you initial post below has a lot of misconceptions/

 

19 hours ago, JohnETuft said:

My future mother in law was supposed to be visiting us and when she arrived in LA, they detained her, took away her Visa, and sent her back to Costa Rica.  We can only assume it was because she stayed for her last two visits for almost her max allowed time...and this time she bought a plane ticket for four months to help us out with her grandson.  She has all of the rest of her family, her mother, all her other grandchildren, and her part time job in Costa Rica.  She is not trying to live here, she is just trying to spend time with her grandson and her daughter...both of which she didn't see for more than two years before this most recent two year run of visits.  Is there any way for her to get her Visa back?  Is she allowed to reapply?  Are there any recommendations/rules that she needs to follow when doing so?  Is there anything I can do on my end to facilitate the process?  It seems cruel to not allow a 60+-year-old woman to not enter the country to visit her daughter/grandson...with all the crime and drugs that come over the border, you wish they focused more on 'threats'.  My fiance feels she may never see her mother again and is devastated.  My fiance only has a green card and is not terrified to leave the country for fear the Trump 'new rules' can deny her re-entry at any time like has already happened to people with green cards...please advise.  Everything is welcome.   I would like to get my mother in law her visa status again.  Thank you.

 

 

You MIL could have been denied entry at ANY time. Entrance into the US for noncitizens is a privilege, not a right.

 

Helping/ babysitting a grandson IS considered work. You can argue against it but the fact of the matter is your MIL could be (and was) sent back home because of it.

 

Visiting the max (6 months) for multiple frequent trips  IS considered  living in the US.

 

You fiance can certainly visit her home country and see her mother. As long as you follow the rules of her permanent residency there shouldn't be a problem with her reentering the US.

 

You MIL will probably not get another visa anytime soon. Searching for loophole like adopting your step son  so you can claim her as your mother is not going to work. You and your fiance should make other plans to see her like visiting her either in her home country or another country.

 

If you look at everything that was stated and everything that happened to your MIL, you will see that she was abusing the conditions of her visitor visa. If you need help with childcare you should try other means. We know it is hard and expensive for childcare in the US. But you are learning a valuable lesson now with this experience even though it is a tough experience.

 

You should educate yourself on what your fiance and her family can and can't do with visas and permanent residency status. It will save them being in bad situations like what your MIL just went through.

 

good luck to you.