Wayne, NJ asked in Immigration Law for New Jersey

Q: Did my mom get ban for overstaying tourist visa for 4 months?She left US after her I130 was approved,I-485 was not filed

I filed I-130 for my mom after she came to me on her tourist visa. But I did not file I-485. After her I-130 was approved in 9 months, she had to leave the US in September 2017 to continue the process of green card in Ukraine at the embassy. At JFK airport she did not get any stamp in her passport saying that she is banned for 3 years for overstaying her tourist visa for 4 month (she stayed in the US for total 10 months). After being asked why she overstayed her tourist visa, my mom said the officer that she is going to do her green card in Ukraine at the embassy. He said OK and let her go. Later my mom decided not to proceed with her green card. If my mom decides to visit me sooner than 3 years, how to know if she got or did not get ban for overstaying?

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2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Immigration Law Lawyer
  • Brooklyn, NY
  • Licensed in New Jersey

A: More specific information and an in person consultation and document review are critical to obtaining enough information to provide you with meaningful advice. Immigration is an extremely complex and technical area of law. This is not merely a matter of filling out forms. What you do not know can have grave consequences and even prevent you from obtaining immigration benefits. You need to retain an experienced immigration attorney for any immigration matter or you may throw away your future. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: A free consultation can answer your questions. More facts are necessary to know in order to form an opinion. Discuss with counsel.

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