Filing I-130 for parent after 10 year bar. Nervous about interview . Feb 17th

[KadeejaNeigh 4]

In December of 2000 me and my mother came to the US on a b2 Visa. I was a kid. She Stayed and met someone. Dated and married in 2003. Her marriage was awful and her hubby refused to attend the interview even though he was the one paying for all of it. 
both times 2004 and 2007 he refused to attend and they were both considered abandoned. At the time mom was very naïve regarding matter, my mother though that they would deport her if she went on her own, and I was kid. Her paperwork was filled by a lady that was not even a lawyer. In may of 2008 she got a divorce. Anyway, in August of 2009 my mother left the US to go back to our country without knowing she was in proceedings. I got married in October of 2008 andstarted my paperwork in 2009 Through marriage. During my I-130 interview I found out me and my mother were under proceedings. We had to go to the judge and I won my case based on the fact that I was a minor through all this. My mother on the other hand was ordered deported by a judge in absentia under 212 (a)(9) due to overstaying her visa and with a 10 year bar.
Her 10 year bar has passed. She has not attempted to return to the US since she left. I am now a US Citizen she had her I-130 approved through me. Her interview is Feb, 17. I have so much anxiety over this situation.

 

My mother has never really worked much in her life and after she got divorced I have been providing for her. Me and my husband have provided a affidavit of support.

 

I have so much anxiety over this that I have been looking at her paperwork over and over again. Including the ones from 10 years ago. I am a mess.

Anyway, here are some questions I have.
Will they be looking back into her marriage and her applications?
 

The only thing we have of that is her divorce decree and maybe some pictures with him.

 

Looking through the paperwork I also found some errors in the 10 year old application to adjust her status including her mother and fathers name. They have her grandparents listed as her parents, her birth certificate translation was done wrong. I also found out that my stepfather had claimed me on his taxes with the wrong birthday.

I am worried that her not being employed throughout her life will be a issue, even with the affidavit of support. My mother never went through high school, she only completed middle school in brazil. Could this be a major red flag for denial?

 

We did our best to provide all the addresses accurately, but some had to be generalized because we could not remember the exact addresses. Will they have a major issue with this?

[SteveInBostonI130 3,482]

There are several bars to immigration.  Certain criminal activity, drug and human trafficking, association with terrorist groups, and certain medical conditions.

 

Education and work experience does not factor in at all.  The only thing I see from your post is the overstay, deportation and 10 year bar.  She served her bar already so that shouldn't ultimately matter.  The CO will very likely ask about it and the past attempt to be a LPR.  As long as nothing was left out on the DS-260 and your mom answers their questions truthfully, she should get approved.  At least, in my opinion.

[Pinkrlion 2,724]

3 hours ago, KadeejaNeigh said:

In December of 2000 me and my mother came to the US on a b2 Visa. I was a kid. She Stayed and met someone. Dated and married in 2003. Her marriage was awful and her hubby refused to attend the interview even though he was the one paying for all of it. 
both times 2004 and 2007 he refused to attend and they were both considered abandoned. At the time mom was very naïve regarding matter, my mother though that they would deport her if she went on her own, and I was kid. Her paperwork was filled by a lady that was not even a lawyer. In may of 2008 she got a divorce. Anyway, in August of 2009 my mother left the US to go back to our country without knowing she was in proceedings. I got married in October of 2008 andstarted my paperwork in 2009 Through marriage. During my I-130 interview I found out me and my mother were under proceedings. We had to go to the judge and I won my case based on the fact that I was a minor through all this. My mother on the other hand was ordered deported by a judge in absentia under 212 (a)(9) due to overstaying her visa and with a 10 year bar.
Her 10 year bar has passed. She has not attempted to return to the US since she left. I am now a US Citizen she had her I-130 approved through me. Her interview is Feb, 17. I have so much anxiety over this situation.

 

My mother has never really worked much in her life and after she got divorced I have been providing for her. Me and my husband have provided a affidavit of support.

 

I have so much anxiety over this that I have been looking at her paperwork over and over again. Including the ones from 10 years ago. I am a mess.

Anyway, here are some questions I have.
Will they be looking back into her marriage and her applications?
 

The only thing we have of that is her divorce decree and maybe some pictures with him.

 

Looking through the paperwork I also found some errors in the 10 year old application to adjust her status including her mother and fathers name. They have her grandparents listed as her parents, her birth certificate translation was done wrong. I also found out that my stepfather had claimed me on his taxes with the wrong birthday.

I am worried that her not being employed throughout her life will be a issue, even with the affidavit of support. My mother never went through high school, she only completed middle school in brazil. Could this be a major red flag for denial?

 

We did our best to provide all the addresses accurately, but some had to be generalized because we could not remember the exact addresses. Will they have a major issue with this?

Since your mother has never worked, there is going to be the issue of public charge.  Who is covering her medical benefits, etc....

[KadeejaNeigh 4]

On 2/7/2022 at 9:21 PM, SteveInBostonI130 said:

There are several bars to immigration.  Certain criminal activity, drug and human trafficking, association with terrorist groups, and certain medical conditions.

 

Education and work experience does not factor in at all.  The only thing I see from your post is the overstay, deportation and 10 year bar.  She served her bar already so that shouldn't ultimately matter.  The CO will very likely ask about it and the past attempt to be a LPR.  As long as nothing was left out on the DS-260 and your mom answers their questions truthfully, she should get approved.  At least, in my opinion.

Thank you. 
I’m super worried they are going to ask specific questions about those applications and my mother might not remember something. But I guess we will have to chance it.  

[KadeejaNeigh 4]

On 2/8/2022 at 12:52 AM, Pinkrlion said:

Since your mother has never worked, there is going to be the issue of public charge.  Who is covering her medical benefits, etc....

We have provided the Affidavit of Support. My husbands income is enough for all of us according to the guidelines. We will pay for her insurance through my hubby’s job. We already looked and they allow parents-in-law dependents. 

[Ontarkie 14,419]

~~Hijack post removed. DO not post questions for your own case in other members threads.~~

[KadeejaNeigh 4]

On 2/7/2022 at 9:21 PM, SteveInBostonI130 said:

There are several bars to immigration.  Certain criminal activity, drug and human trafficking, association with terrorist groups, and certain medical conditions.

 

Education and work experience does not factor in at all.  The only thing I see from your post is the overstay, deportation and 10 year bar.  She served her bar already so that shouldn't ultimately matter.  The CO will very likely ask about it and the past attempt to be a LPR.  As long as nothing was left out on the DS-260 and your mom answers their questions truthfully, she should get approved.  At least, in my opinion.

Hey you were right everything was just fine. The officer remarked the ban was long gone and congratulated my mom, but they still need her exams. So hopefully we will get the stamp on her passport soon. 

[Ontarkie 14,419]

~~Two post removed for TOS Violation. DO not edit a quote of another member. It is also English only in the main forums.~~

[Sharla 11]

On 2/8/2022 at 12:09 AM, KadeejaNeigh said:

In December of 2000 me and my mother came to the US on a b2 Visa. I was a kid. She Stayed and met someone. Dated and married in 2003. Her marriage was awful and her hubby refused to attend the interview even though he was the one paying for all of it. 
both times 2004 and 2007 he refused to attend and they were both considered abandoned. At the time mom was very naïve regarding matter, my mother though that they would deport her if she went on her own, and I was kid. Her paperwork was filled by a lady that was not even a lawyer. In may of 2008 she got a divorce. Anyway, in August of 2009 my mother left the US to go back to our country without knowing she was in proceedings. I got married in October of 2008 andstarted my paperwork in 2009 Through marriage. During my I-130 interview I found out me and my mother were under proceedings. We had to go to the judge and I won my case based on the fact that I was a minor through all this. My mother on the other hand was ordered deported by a judge in absentia under 212 (a)(9) due to overstaying her visa and with a 10 year bar.
Her 10 year bar has passed. She has not attempted to return to the US since she left. I am now a US Citizen she had her I-130 approved through me. Her interview is Feb, 17. I have so much anxiety over this situation.

 

My mother has never really worked much in her life and after she got divorced I have been providing for her. Me and my husband have provided a affidavit of support.

 

I have so much anxiety over this that I have been looking at her paperwork over and over again. Including the ones from 10 years ago. I am a mess.

Anyway, here are some questions I have.
Will they be looking back into her marriage and her applications?
 

The only thing we have of that is her divorce decree and maybe some pictures with him.

 

Looking through the paperwork I also found some errors in the 10 year old application to adjust her status including her mother and fathers name. They have her grandparents listed as her parents, her birth certificate translation was done wrong. I also found out that my stepfather had claimed me on his taxes with the wrong birthday.

I am worried that her not being employed throughout her life will be a issue, even with the affidavit of support. My mother never went through high school, she only completed middle school in brazil. Could this be a major red flag for denial?

 

We did our best to provide all the addresses accurately, but some had to be generalized because we could not remember the exact addresses. Will they have a major issue with this?

How was your mom interview? Did they ask for a waiver? Thanks

[iwannaplay54 985]

On 2/18/2022 at 9:05 AM, KadeejaNeigh said:

Hey you were right everything was just fine. The officer remarked the ban was long gone and congratulated my mom, but they still need her exams. So hopefully we will get the stamp on her passport soon. 

 

Once the terms of a ban are met they seem to treat the case as they would any other immigration interview.

 

Congrats!

[KadeejaNeigh 4]

On 2/20/2022 at 10:29 AM, Sharla said:

How was your mom interview? Did they ask for a waiver? Thanks

Everything went very well. No waiver needed. 
She said the officer did not ask specific questions about the 2 denied applications in 2004 and 2007. 
She asked:
How many times were you in the US? 
Did you have a visa for both times you entered?
Did you work while in the United States? 
(You should always do your best not to work when not in a work visa because you can get a permanent ban if the answer to this question is a yes) 
Who are you going staying with? 
Why do want to go, what are you doing there? 
Do you have any criminal background here or in the US? 
How long have you been back in Brazil? 
At this point of the interview my mom gave her what is called a certificate of migratory movements , it basically has all her entries and exits from Brazil. It showed she had been in Brazil for 12 years. (I was told by my paralegal that most countries have one) 
The officer remarked “oh your ban is long past! Good!”  
Then she asked for some documents:
She kept the Affidavit of support.
She kept the certificate of migratory movements
She kept the Criminal activities certificates and civil.
She kept my mother’s passport. 
Then she told my mother once the exam results came in she would be in contact and congratulated my mother and send my mother on her way. 

I believe she could not say she was approved because they still need the exam. But talked to my lawyer and everything looks very good, because she kept moms passport and congratulated hinting everything should be fine.

[Sharla 11]

On 2/23/2022 at 8:23 PM, KadeejaNeigh said:

Everything went very well. No waiver needed. 
She said the officer did not ask specific questions about the 2 denied applications in 2004 and 2007. 
She asked:
How many times were you in the US? 
Did you have a visa for both times you entered?
Did you work while in the United States? 
(You should always do your best not to work when not in a work visa because you can get a permanent ban if the answer to this question is a yes) 
Who are you going staying with? 
Why do want to go, what are you doing there? 
Do you have any criminal background here or in the US? 
How long have you been back in Brazil? 
At this point of the interview my mom gave her what is called a certificate of migratory movements , it basically has all her entries and exits from Brazil. It showed she had been in Brazil for 12 years. (I was told by my paralegal that most countries have one) 
The officer remarked “oh your ban is long past! Good!”  
Then she asked for some documents:
She kept the Affidavit of support.
She kept the certificate of migratory movements
She kept the Criminal activities certificates and civil.
She kept my mother’s passport. 
Then she told my mother once the exam results came in she would be in contact and congratulated my mother and send my mother on her way. 

I believe she could not say she was approved because they still need the exam. But talked to my lawyer and everything looks very good, because she kept moms passport and congratulated hinting everything should be fine.

thanks for the reply. I am glad it well for your mom. I am from Brazil as well. I unfortunately overstay my J1 visa 15 years ago. Hopefully I will not need a waiver as well.