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Lornaevo

Overstayed visitors visa. Can parent Petition?

By Lornaevo in Tourist Visas

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Lornaevo Collaborator

Lornaevo   48

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

If someone overstayed their visitors visa, can a US Citizen parent petition them and can they Adjust while in the US?

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

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Lornaevo Collaborator

Lornaevo   48

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
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Posted
Just now, nastra30 said:

How old is the someone?

Over 21 and Married. 

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

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nastra30 Experienced

nastra30   2,284

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
 Timeline
Posted (edited)
5 minutes ago, Lornaevo said:

Over 21 and Married. 

No, then the person cannot stay in the US and adjust at the moment. USC parent can still file the petition but it will take 15+ years before the someone can get an immigrant visa to migrate. 

Check visa bulletin for category F3:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-november-2022.html

 

How long has the person overstayed their visitors visa?

Edited by nastra30
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Lornaevo Collaborator

Lornaevo   48

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
  • Author
Posted
Just now, nastra30 said:

No, then the person cannot stay in the US and adjust at the moment. USC parent can still file the petition but it will take 15+ years before the someone can get a visa. 

Check visa bulletin for category F3:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-november-2022.html

 

How long has the person overstayed their visitors visa?

Less than 3 months. So even if they return to their home country, it’s a 15+ year wait?

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

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nastra30 Experienced

nastra30   2,284

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
 Timeline
Posted (edited)
7 minutes ago, Lornaevo said:

Less than 3 months. - I will advice the person to depart the US immediately to avoid incurring a ban for any future travel to the US. Overstays of more 180 days and less than a year is an automatic 3 years ban from entering the US. Overstays of more than a year is 10 years ban.

 

So even if they return to their home country, it’s a 15+ year wait? - Yes. And the sooner they return home the better because then they avoid a lengthy ban.

 

Edited by nastra30
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Lornaevo Collaborator

Lornaevo   48

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
  • Author
Posted

Thank you for your advice. 

05/22/2012 - MAILED AOS PACKAGE.
06/04/2012 - RECEIVED NOTICE IN THE MAIL.
06/04/2012 - RECEIVED BIOMETRICS APPOINTMENT IN THE MAIL.
06/06/2012 - WALK IN BIOMETRICS COMPLETED.
07/11/2012 - TEXT AND EMAIL NOTIFICATIONS OF I-485 INTERVIEW APPOINTMENT.
07/13/2012 - RECEIVED HARD COPY OF INTERVIEW NOTICE IN THE MAIL.
07/28/2012 - EAD CARD PRODUCTION ORDER.
08/04/2012 - EAD CARD IN HAND.
08/15/2012 - GC INTERVIEW. APPROVED. PASSPORT STAMPED.
08/20/2012 - GC CARD PRODUCTION ORDERED.
08/23/2012 - GC RECEIVED.

06/28/2014 - MAILED I-751 PACKAGE

07/05/2014 - RECEIVED NOA 1

01/15/2016 - Interviewed and Approved.

08/02/2016 - N400 Interviewed and Approved.

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Crazy Cat Grand Master

Crazy Cat   41,802

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
22 hours ago, Lornaevo said:

Less than 3 months. So even if they return to their home country, it’s a 15+ year wait?

If that person overstays 6 months, they will immediately accrue a 3 year ban from entering the US when they leave.  If the overstay is for a year, then the ban will be 10 years.  It is best to leave before that time. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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