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chris/dine

Overstayed and Petitioning

By chris/dine in Bringing Family Members of US Citizens to America

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chris/dine Explorer

chris/dine   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Asking for a friend. His Father overstayed here years ago but voluntarily went back home to Philippines. My friend is a US Citizen and he now wants to petition his dad. Can he process a petition since it has been 9 yrs since his father left the U.S? Or Does he have to wait 10 yrs? Anyone had an experience who petitioned even when it’s not 10 yrs yet?

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SalishSea Grand Master

SalishSea   17,836

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
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12 minutes ago, chris/dine said:

Asking for a friend. His Father overstayed here years ago but voluntarily went back home to Philippines. My friend is a US Citizen and he now wants to petition his dad. Can he process a petition since it has been 9 yrs since his father left the U.S? Or Does he have to wait 10 yrs? Anyone had an experience who petitioned even when it’s not 10 yrs yet?

How long was the overstay?

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
13 minutes ago, chris/dine said:

Asking for a friend. His Father overstayed here years ago but voluntarily went back home to Philippines. My friend is a US Citizen and he now wants to petition his dad. Can he process a petition since it has been 9 yrs since his father left the U.S? Or Does he have to wait 10 yrs? Anyone had an experience who petitioned even when it’s not 10 yrs yet?

Any ban is for issuance of visa, not a ban for petitioning 

YMMV

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Dashinka Grand Master

Dashinka   24,508

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

I agree with @payxibka, the ban due to the overstay does not stop anyone from filing a petition.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Yes the petition can be started now. It’s going to be around a year or so before the intending immigrant gets to the embassy stage anyway. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Demise Proficient

Demise   1,289

Posted
Filed: AOS (apr) Timeline
Posted
2 hours ago, chris/dine said:

Asking for a friend. His Father overstayed here years ago but voluntarily went back home to Philippines. My friend is a US Citizen and he now wants to petition his dad. Can he process a petition since it has been 9 yrs since his father left the U.S? Or Does he have to wait 10 yrs? Anyone had an experience who petitioned even when it’s not 10 yrs yet?

He can start it right now since by the time the I-130 is approved, the case gets forwarded to the NVC, which will then forward it to the consulate in Manila it'll be 10 years already.

Contradictions without citations only make you look dumb.

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