Can American citizen petition for parent living illegally in another country?

[lameset 3]

My wife, an American citizen, filed an I-130 about 2 years ago for her mother mother currently living in Haiti.

This case is currently documentarily complete, which means the NVC has all the documents we requested. The application is waiting for an interview appointment, where a consular officer will adjudicate it. However, it has been more than a year.

 

The reason for the interview delay is because of Haiti's instability due to gang violence. The NVC has stated that we can either wait until the Embassy in Haiti opens up again or move the case to another country. The closest country is the Dominican Republic. However, the Dominican Republic has suspended the processing and issuance of visas, residence permits and any other immigration applications for Haitians.

 

Of course, plenty of Haitians haver been able to bypass that and enter the Dominican Republic.

 

If my mother in law were to enter the Dominican republic illegally, request NVC to transfer her case there, will the Embassy in Dominican Republic ask questions on how she got there or just process her case? I would that the embassy's job is to verify that she is indeed my wife's mother and then grant her the visa to travel to the United States?

 

If it gets that far and is planning to travel to the United States, leaving via Dominican Republic and being challenged on how she entered or crossing back to Haiti and leaving from there is the long term question.

 

For now, the key question is whether the embassy in Dominican Republic or any country for that matter, question the status of someone?

 

 

 

[Crazy Cat 42,547]

9 minutes ago, lameset said:

If my mother in law were to enter the Dominican republic illegally, request NVC to transfer her case there, will the Embassy in Dominican Republic ask questions on how she got there

Yes.  Patience is the key for the US immigration process.  You can ask other consulates to accept the case, but I think legal entry would be required.

Edited February 4 by Crazy Cat

[lameset 3]

19 minutes ago, Crazy Cat said:

Yes.  Patience is the key for the US immigration process.  You can ask other consulates to accept the case, but I think legal entry would be required.

Thanks for the response.

Is that a question that the embassy asks at the interview? 

[Crazy Cat 42,547]

1 minute ago, lameset said:

Thanks for the response.

Is that a question that the embassy asks at the interview? 

Some do....like Montreal.  You can always ask other consulates when asking if they will accept the case.

[appleblossom 3,303]

1 hour ago, lameset said:

Thanks for the response.

Is that a question that the embassy asks at the interview? 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html#ivp13

 

"NVC will transfer cases to another IV processing post if parties provide a written request along with the address in the requested country and the proof of eligibility (citizenship/legal residency in the requested country or other documentation)."

 

So sounds like they’ll need proof she’s there legally, but all she can do is ask and explain the situation, and see what they say.  

 

Good luck.