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Sammyd90

PARENT OF US CITIZEN WHO OVER STAYED VISA

By Sammyd90 in Bringing Family Members of US Citizens to America

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Sammyd90 Contributor

Sammyd90   4

Posted
Filed: Citizen (pnd) Country: Jordan
 Timeline
Posted

Hello all,

 

I am about to file a I-130 for my parents but my dad over stayed his work visa and then went back home. Now, it has been 14 years since he left the USA.

 

Do that waiver thing apply to him and if so, what documents I have to send for him with the form I-130.

 

Thanks much!

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

The longest bar for an overstay is 10 years, so there would be no bar (and no waiver needed) due to an overstay.

Even if a waiver were necessary, there's nothing to file now. The waiver would only apply after being refused the visa (after the embassy interview).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Sammyd90 Contributor

Sammyd90   4

Posted
Filed: Citizen (pnd) Country: Jordan
 Timeline
  • Author
Posted
1 minute ago, geowrian said:

The longest bar for an overstay is 10 years, so there would be no bar (and no waiver needed) due to an overstay.

Even if a waiver were necessary, there's nothing to file now. The waiver would only apply after being refused the visa (after the embassy interview).

Awesome!

 

Thank you for your quick answer :)

 
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