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  1. #1

    Default Immigrant Visa Petition for My Mother

    My mother came in U.S. as a tourist in year 1996 & stayed up to 1998. In other words, she overstayed as a tourist visa(B-2).Now my sister is applying/petitioning her for Immigrant Visa. My concern is, on the Form DS-230 part II, item # 30 b.
    ....who was unlawfully present for more than one year or an aggregate of one year within the last 10 years.(my mother voluntarily departed in U.S. within the last 3 years). Which is answerable by: YES or NO. The answer for this is YES.

    My question is, if my sister file this application/petition. What is the chance that my mother will be deny?/or get approve for this petition? I heard that there's a waiver/appeal for this case. Could you please give me an advise on this matter.

    Thank you.
    Immihelp Support
    No legal advice. Use at your own risk.

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  2. #2

    Default

    You need to answer 'Yes'. The case may be denied. And you may have to file for an appeal.
    Immihelp Support
    No legal advice. Use at your own risk.

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