How does my mother overstaying affects other family members chances to get US visa?

[elliesanchez 0]

Hello! My family is currently has F31 visa class, but my mother (who is listed with us on the visa) is currently in the US an a non-immigrant visa and violated the period of stay for 2 months. The mother is listed in the application as an accompany, the father is a principal applicant (my grandfather if the petitioner) and he's applying outside of the US. 1. How does this affect the possibility of migration of the whole family? 2. What is the probability of visa refusal/reversal at the border? 3. Does it affect the other family members in their immigration process? Thanks in advance for the answers!

[appleblossom 2,434]

1 hour ago, elliesanchez said:

Hello! My family is currently has F31 visa class, but my mother (who is listed with us on the visa) is currently in the US an a non-immigrant visa and violated the period of stay for 2 months. The mother is listed in the application as an accompany, the father is a principal applicant (my grandfather if the petitioner) and he's applying outside of the US. 1. How does this affect the possibility of migration of the whole family? 2. What is the probability of visa refusal/reversal at the border? 3. Does it affect the other family members in their immigration process? Thanks in advance for the answers!

It’s not clear from your post. Have you all been granted visas, or are you still in the process of applying? 

[Crazy Cat 41,803]

***Non-English translation removed.  Please restrict non-English comments to regional forums***

[elliesanchez 0]

On 11/13/2024 at 12:33 AM, appleblossom said:

It’s not clear from your post. Have you all been granted visas, or are you still in the process of applying? 

Our family is in the process of applying, but my mother doesn't care and doesn't want to immigrate in the US anyway, she might leave the US soon. I'm more concerned about how her overstay gonna affect the other members emigration process. 

[appleblossom 2,434]

4 minutes ago, elliesanchez said:

Our family is in the process of applying, but my mother doesn't care and doesn't want to immigrate in the US anyway, she might leave the US soon. I'm more concerned about how her overstay gonna affect the other members emigration process. 

 

It might well do. But what does 'in the process of applying' mean? What stage are you at? And who exactly is on the application and how old are they?

 

Your mother is happy to live apart from the rest of you? And potentially not be able to visit? 

 

If she isn't bothered about being in the US then she needs to leave asap, before she gets a ban. 

[elliesanchez 0]

1 hour ago, appleblossom said:

 

It might well do. But what does 'in the process of applying' mean? What stage are you at? And who exactly is on the application and how old are they?

 

Your mother is happy to live apart from the rest of you? And potentially not be able to visit? 

 

If she isn't bothered about being in the US then she needs to leave asap, before she gets a ban. 

We're on the stage of filing IV application. There are overal 4 persons in the application - my father (50 years old), the principal applicant; me (24 years old) and my brother (19 years old) and my mother (45 years old) and three of us are listed as accompany, our visa class is F31. I'm aware of the CSPA, I calculated my age through the USCIS and according to it my CSPA age is 10 years old. 

Yeah, my mother is happy with this, she's not afraid of ban either, but I'm trying to usher her to leave the US as fast as possible. 

[elliesanchez 0]

8 minutes ago, elliesanchez said:

We're on the stage of filing IV application. There are overal 4 persons in the application - my father (50 years old), the principal applicant; me (24 years old) and my brother (19 years old) and my mother (45 years old) and three of us are listed as accompany, our visa class is F31. I'm aware of the CSPA, I calculated my age through the USCIS and according to it my CSPA age is 10 years old. 

Yeah, my mother is happy with this, she's not afraid of ban either, but I'm trying to usher her to leave the US as fast as possible. 

I'm sorry, by filling IV application I mean that we've paid our fees and now we're filling form DS-260 

[elliesanchez 0]

1 hour ago, elliesanchez said:

I'm sorry, by filling IV application I mean that we've paid our fees and now we're filling form DS-260 

I haven't paid my mother visa fees yet because I don't know what to do with her at all - she's obviously not gonna immigrate with us. I thought of changing her status from accompany to follow to join or remove her at all but I'm still not sure what should I do.

Edited Saturday at 09:21 PM by elliesanchez
I want to add some more information

[OldUser 6,601]

Delete

Edited Saturday at 09:35 PM by OldUser

[appleblossom 2,434]

21 minutes ago, elliesanchez said:

I haven't paid my mother visa fees yet because I don't know what to do with her at all - she's obviously not gonna immigrate with us. I thought of changing her status from accompany to follow to join or remove her at all but I'm still not sure what should I do.

 

Surely that's up to her? She needs to decide what she wants to do, it's to something you can do for her - it's her visa application. 

 

And all you can do is carry on and submit applications for the rest of you as normal, and hope her overstay doesn't cause any issues. 

 

Good luck. 

[elliesanchez 0]

3 minutes ago, appleblossom said:

 

Surely that's up to her? She needs to decide what she wants to do, it's to something you can do for her - it's her visa application. 

 

And all you can do is carry on and submit applications for the rest of you as normal, and hope her overstay doesn't cause any issues. 

 

Good luck. 

She said she doesn't wants to immigrate with us, but thanks for the answers. 

[appleblossom 2,434]

4 minutes ago, elliesanchez said:

She said she doesn't wants to immigrate with us, but thanks for the answers. 

 

OK, so she needs to cancel her visa application. 

[elliesanchez 0]

2 hours ago, appleblossom said:

 

OK, so she needs to cancel her visa application. 

so remove her from the application is the best choice we have? 

[appleblossom 2,434]

10 minutes ago, elliesanchez said:

so remove her from the application is the best choice we have? 

If she’s sure she doesn’t want a visa, then there’s no point in her continuing.