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Darkchop

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

By Darkchop in Tourist Visas

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Boiler Grand Master

Boiler   45,510

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Filed: K-1 Visa Country: Wales
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Posted
16 minutes ago, Darkchop said:

?

Are you saying it is the wrong forum?

Possibly

“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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SalishSea Grand Master

SalishSea   17,829

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Filed: Lift. Cond. (apr) Country: New Zealand
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4 hours ago, Darkchop said:

What about permanent resident then? Still apply?

Not appropriate unless she wants to live in the US.

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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Posted (edited)
3 hours ago, Darkchop said:

unfortunately he got sick and went home treatment and passed away during COVID

I am so sorry for your loss. 
So, he moved to the US without his wife? 
I don’t see a chance for your mother to come to the US as a tourist. 
Even though her 10 year ban has been completed she showed immigrant intent while waiting out the ban (and that application was denied).

A CO will probably see her application for a tourist visa as a way to skip the line and move to the US (not visit). 
This is especially true if she has stronger ties to the US and not Philippines. 

Edited by ROK2USA
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ultrasoul Explorer

ultrasoul   51

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Filed: Citizen (apr) Country: Malaysia
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Posted (edited)
12 hours ago, Darkchop said:

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!

@Darkchop Given that your MIL has 0 chance for getting a B1/B2 visitor visa- the only route left is an IR-5 immigrant visa assuming your spouse is a USC. Your MIL will have little or no issues being approved for an IR-5.

 

The IR-5 immigrant visa application and process is not complicated but costs a lot more money ($1,200 compared with a B1 tourist visa $160) and requires a decent amount of (manageable) effort not to mention processing time (at least 1 to 2 years from start to finish).

 

As others have said- the IR-5 immigrant visa is for immigrating. Once she enters the US on the IR-5 visa that one-time visa on her PHL passport is used up and is no longer good for future travel as she has become a LPR. She will need to wait to receive her 10 year US green card (roughly 1 month after entry into US) before she is able to leave the US.

 

As an a permanent resident, she cannot remain outside the US for more than a 6 month period or her LPR status will be in jeopardy. Her LPR status will allows her to fly in and out US easily as long as she is able to demonstrate ties to the US (i.e. she will need to get a US drivers license and file yearly US taxes etc).

 

If she does decide she needs to remain outside the US for more than 6 months without losing her LPR status, she can file for a re-entry permit valid for 2 years but that takes again at least 2 years of processing time due to USCIS processing backlogs and more money again ($575 currently before USCIS fees increase in a few months' time).

 

So conclusion- probably better for you and your spouse to fly to the Philippines instead to visit her :) But your USC spouse is also always free to exercise her right to petition your MIL for an IR-5 immigrant visa which has no visa contraints wait time (but still subject to processing time)

Edited by ultrasoul

I-130 JOURNEY FOR 2020 Minor Child of LPR (F2A Online Application, MNL Consular Processing)

07/29/20 Online Filing for I-130, Same day Priority date 
07/31/20 Paper NOA1 mailed by USCIS, received on 08/03/20

07/31/20, 08/15/20, 09/01,20 Expedite Requests denied three times (self-submission and congressman outreach)

09/28/20: I-130 Approved by USCIS, received mailed NOA2 on 10/01/20

10/01/20: NVC electronically receives I-130 petition from USCIS, generates NVC case & invoice number, paid all NVC fees same day

10/05/19: CEAC ready for document uploads

TBD: Waiting for NBI Police Clearance to complete all upload of NVC docs

 

I-130 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application, MNL Consular Processing)

01/18/19 NOA1 I-130 (Priority Date)

08/02/19 Called USCIS to expedite I-130 after 196 days pending,  emailed expedite evidence 08/06/1,  expedite approved 08/09/19

08/13/19: I-130 Approved by USCIS, USCIS sent petition file to NVC 08/29/19 

09/09/19: NVC receives I-130 petition from USCIS, generates case & invoice number on 10/03/19 (paid all NVC fees same day)

10/07/19: CEAC ready for document uploads (AOS and IV documents uploaded to CEAC same day)

11/25/19: NVC Case Complete, NVC emails interview schedules interview on 12/18/19 for 01/06/20

01/06/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221G, USEM receives original signed I-864 via 2GO courier on 02/04/20
3/4/20: Immigrant Visa Issued by USEM, 2GO carrier picked up passport from USEM 3/6/20 and delivers to residence on 3/10/20

6/10/20: US POE

6/13/20: SSN card mailed date by SSA, delivered to residence on 6/18/20

7/3/20: LPR Green Card ordered, Production on 7/24/20, Mailed by USCIS on 7/27/20, delivered to residence on 7/29/20

 

I-130/ I-485 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application)

01/18/19: NOA1 Received I-130 (priority date, was not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)

06/19/19: USPS receives I-485 package to lockbox (priority date); 06/24/19: Credit card charged ,  USCIS mails out NOA1 06/25/19 with receipt numbers (assigned to MSC National Benefits center),  Received NOA1 from USPS (07/02/19:)

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date for 07/24/19, Received biometrics notice letter from USPS 07/11/19
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EAD, Received mailed USCIS instructions on where to fax expedite evidence from USPS 07/26/19 , Faxed requested evidence for EAD expedite  07/27/19
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131, USCIS mails out combo EAD/ AP card 08/02/19, Received combo EAD/ AP card via USPS Priority Mail 08/07/19

08/08/19: I-485 Case is Ready to Be Scheduled for An Interview
08/26/19: I-130 Approved (NOA2) by USCIS

12/10/19: FO sends out I-485 interview appointment details for 01/28/20 interview date 

02/06/20: I-485 case approved and NOA2 mailed
02/05/20: Green card ordered, Production and mailed 02/10/20, delivered to residence on 02/12/20

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