Bringing parents to USA....again

[Boiler 45,557]

12 minutes ago, Adventine said:

I am also sorry for the OP's loss.

 

I assume that the mother needed to accompany and take care of her spouse until he passed away in Nepal. Would that not qualify as a justifiable reason for staying outside the US for so long? I also heard Nepal's borders have been closed most of this year.

Certainly will be challenging, I can see a case when they were in Australia.

 

Hopefully she has good legal guidance.

[SusieQQQ 11,586]

39 minutes ago, Adventine said:

I am also sorry for the OP's loss.

 

I assume that the mother needed to accompany and take care of her spouse until he passed away in Nepal. Would that not qualify as a justifiable reason for staying outside the US for so long? I also heard Nepal's borders have been closed most of this year.

Unfortunately there is a difference between an emotionally understandable decision and what is considered factors beyond someone's control. I think aaron is correct that the CO would view it as - they could have returned to the US but chose Nepal. Luckily the parent relationship still exists, if this were me i would just do IR5 again rather than try SB1 - go through all of that just to be rejected and have to do IR5 anyway. In fact I have seen some US embassy websites even recommend re-sponsoring under original relationship if possible rather than SB1 because the rejection rate is so high.

[Adventine 3,196]

Hmm, hopefully OP gets good legal advice on the best way forward, then. It's a very sad situation.

[vq35hr 0]

          Going to Nepal was dads decision. None of us could convince him not to. The plan was to come back to the USA. But Nepal he choose, for a few other reasons I cannot tell. They got there on March 13 only to have most of the world shut down on us less than 2 weeks later. He was doing ok till June when his health took a turn for worse and October took him in.  

           Nepal is probably the worst place to be at right now and I cannot let my mother stay there by herself. I did ask her to make an appointment at the consulate to argue her case. although I'm a little less optimistic about our situation, it's something I have to do. Just not sure what the best way of going about would be. Sb1 would be a little less hard on the wallet so...

[Boiler 45,557]

Could she go back to Australia?

[vq35hr 0]

apparently the procedure is significantly lengthy and the Not So guaranteed in terms of going there

[Boiler 45,557]

She visited recently?

[vq35hr 0]

she left in march along with dad. They had until september 8 to return to Australia but around that time, not only dad's health was quite bad, several countries including Australia were in strict lockdown.

[SusieQQQ 11,586]

59 minutes ago, vq35hr said:

          Going to Nepal was dads decision. None of us could convince him not to. The plan was to come back to the USA. But Nepal he choose, for a few other reasons I cannot tell. They got there on March 13 only to have most of the world shut down on us less than 2 weeks later. He was doing ok till June when his health took a turn for worse and October took him in.  

           Nepal is probably the worst place to be at right now and I cannot let my mother stay there by herself. I did ask her to make an appointment at the consulate to argue her case. although I'm a little less optimistic about our situation, it's something I have to do. Just not sure what the best way of going about would be. Sb1 would be a little less hard on the wallet so...

Is Nepal processing SB1s at present? She can’t “make an appointment to argue her case”. SB1 is a two step process. The first step is an application to present the merits of the case for the CO to judge if she qualifies  - that is where she can argue her case. She will have a form to fill in, and she will have to bring all relevant documentation to prove her case.  IF they approve that, the second step is the usual immigrant visa process - DS260, medicals, visa interview. 
 

I’m sorry for your (and her) loss. There is nothing about the case that is not understandable. Unfortunately as I said before, it’s not a case of “would a normal human being understand why I did this” for this type of visa. 
 

 

52 minutes ago, Boiler said:

Could she go back to Australia?

I have friends who are Australian citizens who battled to get back into Australia for months, just got there a few weeks ago. They have a very serious lockdown.

[Boiler 45,557]

10 minutes ago, vq35hr said:

she left in march along with dad. They had until September 8 to return to Australia but around that time, not only dad's health was quite bad, several countries including Australia were in strict lockdown.

That is not how tourist visa's work, now officially confused.

[vq35hr 0]

Sorry about the omission but whilst there, my brother tried to get them family based residency because of his health and was asked not to leave the country. But he decided to and was given a letter asking him to come back by Sept 8. This is something i don't know very well, only been told about this. As for now, the status of that application is unsure,  although i've been told it will be a long time before she can go there again. I would rather have her here since she already has a resident card. It's a little frustrating to realize she has to jump some hurdles now even though she's only been a spectator in this whole ordeal

[Boiler 45,557]

OK so they were immigrating to Australia, changed their minds and went home.

[Adventine 3,196]

That makes it even more complicated. That attempt to immigrate to Australia, and subsequent return to Nepal, do not help the mother's case.

[SusieQQQ 11,586]

1 hour ago, Boiler said:

OK so they were immigrating to Australia, changed their minds and went home.

 

1 hour ago, Adventine said:

That makes it even more complicated. That attempt to immigrate to Australia, and subsequent return to Nepal, do not help the mother's case.

Agreed - this is just further evidence that she intended to abandon US permanent residency.

 

 

[vq35hr 0]

On 12/19/2020 at 10:32 AM, SusieQQQ said:

 

Agreed - this is just further evidence that she intended to abandon US permanent residency.

 

 

Again, that was not her intention. She just followed along to what others were saying which is why my suggestions got drowned out and now i've having to handle this headache again while she gets to be stuck in a hell hole. We are filing for returning resident visa come january. Let's see where this takes us. Appreciate all your opinions. And wishing everyone a safe and joyful christmas.