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s75h

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2 hours ago, s75h said:

Nothing in the letter states that her visa is void or talking about an overstay ban. The letter seems to indicate that they saw a problem and fixed it. To me it is not a very good letter and I don’t trust it. I sent an email back to them for clarification. 

Because it’s not DHS that voided her visa, CBP/State did. DHS addressed her issue, they’re not the ones who need to get a new tourist visa, that’s on your MIL. 

ROC 2009
Naturalization 2010

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5 hours ago, milimelo said:

Because it’s not DHS that voided her visa, CBP/State did. DHS addressed her issue, they’re not the ones who need to get a new tourist visa, that’s on your MIL. 

There must be a way to check the staus if a visa or person to see if it is valid or not. It should not be this hard to talk to someone.

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Filed: K-1 Visa Country: Wales
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20 minutes ago, s75h said:

There must be a way to check the staus if a visa or person to see if it is valid or not. It should not be this hard to talk to someone.

Not the first time this has come up and sadly not how the system works

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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39 minutes ago, s75h said:

There must be a way to check the staus if a visa or person to see if it is valid or not. It should not be this hard to talk to someone.

You want to call Manila consular to see if her visa is voided after you know she overstayed and was returned from mid-way point?  That’s not going to happen. 

ROC 2009
Naturalization 2010

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I just want to talk to somebody who can give me some answers. The border patrol guy that my friend talked to on my behalf Said the visa was probably flagged and that we could get the flag removed but the problem is how to do it. Even if someone in the know would tell me that her visa has been voided and that we have to get her a new visa… that would give us closure. 

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1 hour ago, s75h said:

just want to talk to somebody who can give me some answers

Everyone on your thread has given you the answer: VISA was VOIDED due to overstay and MIL needs to apply for a new visa citing the circumstances of her failure to depart timely. 
 

If you still feel the need to “;talk it out” w somebody, pay for a professional/ expert opinion = immigration attorney. 
 

You know that the only way to test the “ cleared flag” theory of CBP you spoke to is to put her on the plane and face the enormous risk of a repeat .
You could try calling ( or in person visit)  your local CBP and plead for them to “ check” their system ..who knows…they may “ talk to you “, BUT it won’t change the law …SEE LINK 
 

 

 

 

1)  (U) An applicant who has overstayed the authorized period of admission may no longer use the visa with which they entered the United States.  To re-enter the United States, the applicant must obtain a new NIV in the country of the applicant’s nationality.  If an applicant is in possession of two valid visas, however, only the visa used by the applicant to enter the United States (i.e., the visa which is the subject of the overstay finding) is void under INA 222(g).  

https://fam.state.gov/fam/09FAM/09FAM030201.html

Edited by Family
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17 hours ago, Family said:

Everyone on your thread has given you the answer: VISA was VOIDED due to overstay and MIL needs to apply for a new visa citing the circumstances of her failure to depart timely. 
 

If you still feel the need to “;talk it out” w somebody, pay for a professional/ expert opinion = immigration attorney. 
 

You know that the only way to test the “ cleared flag” theory of CBP you spoke to is to put her on the plane and face the enormous risk of a repeat .
You could try calling ( or in person visit)  your local CBP and plead for them to “ check” their system ..who knows…they may “ talk to you “, BUT it won’t change the law …SEE LINK 
 

 

 

 

1)  (U) An applicant who has overstayed the authorized period of admission may no longer use the visa with which they entered the United States.  To re-enter the United States, the applicant must obtain a new NIV in the country of the applicant’s nationality.  If an applicant is in possession of two valid visas, however, only the visa used by the applicant to enter the United States (i.e., the visa which is the subject of the overstay finding) is void under INA 222(g).  

https://fam.state.gov/fam/09FAM/09FAM030201.html

Everyone on here has not said that it was voided. Plus I don’t believe anyone on here knows for a fact the answer to this question whether it is voided or not. I’m on here looking for suggestions. I’ve had communications with border patrol and now homeland security And at this point I still do not have a definitive answer other than a border patrol officer saying that most likely it is flagged and not voided.

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Filed: K-1 Visa Country: Wales
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On 7/8/2022 at 8:53 AM, Boiler said:

 

I also assume she never applied for a new B2 after her visa was voided after the overstay.

This is I assume still true.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
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Just now, s75h said:

We did not apply for another visa because we had no definitive answer as to whether her 10-year visa was voided or not. 

She was admitted for 6 months

 

She stayed longer than 6 months

 

She did not get an extension

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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6 hours ago, MaxP22 said:

You have a definitive answer you just don't want to believe it and keep asking the same question hoping to get the answer you want from someone.

No, obviously I don’t have a definitive answer. Unless someone on here is an expert or works for one of these organizations that I’m not going to trust what is being said 100%. If you don’t have anything to offer in the form I suggestions i’m just don’t post a reply. 

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Filed: K-1 Visa Country: Wales
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32 minutes ago, s75h said:

No, obviously I don’t have a definitive answer. Unless someone on here is an expert or works for one of these organizations that I’m not going to trust what is being said 100%. If you don’t have anything to offer in the form I suggestions i’m just don’t post a reply. 

So what is your plan?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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9 hours ago, s75h said:

I just talked to the US embassy in Manila. I gave them the information for my mother-in-law’s Visa number and they did a check and they say that it is still valid. They suggested I talk to border patrol in the United States and gave me a number to call.

That’s impressive . Your perseverance paid off. Thanks for the update 

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