Bringing Elderly Parent over for visit(s) who was banned almost years ago

[Darkchop 1]

Good Morning Everyone,

 

My Mother-In-Law had been traveling back and forth between here and the Philippines for several years and overstayed her last trip here (approximately 1-2 years but am not sure -USG doesn't care if a day or 20yrs).  She got banned 10 years which she accepted.  That was almost 20 years ago.  My Sister-In-Law tried unfortunately applying before her time was up on the ban thinking that she should apply and her Visa would be accepted by the time her ban would be expiring; she got denied before her time was up.  She is now 84 and would like to visit us (doesn't want to live here) and travel back and forth.  What do you think her chances are of getting a Visa and which Forms do we fill out?  What are the wait times as she is 84 but in pretty good health? 

 

Thanks!

[powerpuff 6,686]

~~ Topic moved from Bringing Family members to the US forum to Tourist Visa forum as the question is about visiting not immigrating ~~
 

7 minutes ago, Darkchop said:

My Sister-In-Law tried unfortunately applying before her time was up on the ban thinking that she should apply and her Visa would be accepted by the time her ban would be expiring; she got denied before her time was up.

What visa is this?

[Chancy 6,241]

15 minutes ago, Darkchop said:

What do you think her chances are of getting a Visa and which Forms do we fill out?

 

If you mean a B2 tourist visa, DS-160 is the application form to fill out.  With her history of overstay + ban, her chances of being approved are very low.  Costs only $160 to find out for sure.

 

[Darkchop 1]

12 minutes ago, powerpuff said:

~~ Topic moved from Bringing Family members to the US forum to Tourist Visa forum as the question is about visiting not immigrating ~~
 

What visa is this?

not sure which one but was a Petition for Mother and Father Permanent Resident (Father was allowed but Mother Denied)

[powerpuff 6,686]

With a very strong immigrant intent that is demonstrated by:

a) previous overstay 

b) previous immigrant petition 

the likelihood of receiving a B2 is practically zero.

[Chancy 6,241]

1 minute ago, Darkchop said:

Petition for Mother and Father Permanent Resident (Father was allowed but Mother Denied)

 

This makes her chances of getting a tourist visa even lower than very low.  Overstay + ban + previous immigrant petition denied.

 

[Darkchop 1]

1 minute ago, Chancy said:

 

If you mean a B2 tourist visa, DS-160 is the application form to fill out.  With her history of overstay + ban, her chances of being approved are very low.  Costs only $160 to find out for sure.

 

overstay gets an automatic ban the vast majority of the time and she "served" her time.  Not a permanent ban just a 10 year ban.

[powerpuff 6,686]

2 minutes ago, Darkchop said:

overstay gets an automatic ban the vast majority of the time and she "served" her time.  Not a permanent ban just a 10 year ban.

We are aware. Our statements still stand 

[Chancy 6,241]

Just now, Darkchop said:

overstay gets an automatic ban the vast majority of the time and she "served" her time.  Not a permanent ban just a 10 year ban.

 

Not really.  Overstays of over 1 year get a 10-year ban.  No ban for overstay less than 180 days.  But regardless of the overstay period and whether the ban has been served, the overstay will be in the person's US immigration record forever and will definitely influence the consulate's decision towards denying new tourist visa applications.

 

[Darkchop 1]

2 minutes ago, Chancy said:

 

Not really.  Overstays of over 1 year get a 10-year ban.  No ban for overstay less than 180 days.  But regardless of the overstay period and whether the ban has been served, the overstay will be in the person's US immigration record forever and will definitely influence the consulate's decision towards denying new tourist visa applications.

 

crud.  she's 84 years old....

Edited March 31, 2023 by Darkchop

[Darkchop 1]

9 minutes ago, powerpuff said:

We are aware. Our statements still stand 

What about permanent resident then? Still apply?

[powerpuff 6,686]

Just now, Darkchop said:

What about permanent resident then? Still apply?

If your MIL changes her mind and wants to immigrate, then yes, I don’t see why not 

[Chancy 6,241]

3 minutes ago, Darkchop said:

she's 84 years old

 

Her overstay + ban + petition record will not get erased no matter her age.  But like I said, she can apply.  $160 to find out for sure.

 

[Redro 4,611]

54 minutes ago, Darkchop said:

not sure which one but was a Petition for Mother and Father Permanent Resident (Father was allowed but Mother Denied)

Where is the father now? 
 

[Boiler 45,451]

40 minutes ago, Darkchop said:

What about permanent resident then? Still apply?

That is for immigrating not visiting