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Thread: Forms/Timeline for petitioning a parent

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    Forms/Timeline for petitioning a parent

    Hola!

    I'm currently looking into seeking residency for my mother-in-law on behalf of my husband, who is now naturalized.

    I was wondering if someone could list the exact forms/timeline of the process for petitioning parents. Is it just submitting the I130 and a I601A or something?

    Some info on her: She came once on a tourist visa in 2013, which she inadvertently overstayed b.c. we didn't know she needed to get an I194 paper on her visa. Anyway, she was just here for 5 months (less than the amount of time we thought she was approved for since visa was for 6 months). We have applied twice to renew her tourist visa, but both times she has been denied. She has not returned to the US at all.

    02/27/2013 Tourist B1/B2 visa approved
    03/15/2013 Entered US at San Ysidro Garita (car)
    08/19/2013 Returned to Mex out of TJ
    08/17/2014 Reapplied for Tourist B1/B2
    11/13/2014 Consular Interview - DENIED no reason given
    08/29/2016 Reapplied for Tourist B1/B2
    09/09/2016 Consular Interview - DENIED no reason given

    If you can give me an idea of the forms/timeline, I would really appreciate it.

    Thanks so much!
    Last edited by azulsirena88; 02-22-2017 at 07:12 PM.
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    What does "she inadvertently overstayed b.c. we didn't know she needed to get an I194 paper on her visa" mean? If she entered on a visa, she got an I-94 and she is admitted for a certain period of time, and she would only overstay if she stayed past that time. Unless you mean she entered on a Border Crossing Card and not a visa.
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    Hola,

    Sorry I wasn't clear. She came into the U.S. through the Tijuana border. We all crossed in the car. We gave her passport to the border official and he didn't say anything and just let us drive through. Since it was the first time anybody close to me had gotten a tourist visa, I had no idea that she was supposed to have gotten off the car and gone into the pedestrian line, where they wouldve probably given her the I94. Because there were no instructions or explanations of any kind when she got her passpost back from the consulate with the visa, we inadvertantly assumed that the expiration date on the visa was the date that she had been given permission to stay until in the US. So she stayed for the 5 months out of 6 that we thought she had permission for.

    Does this make sense?

    Thanks in advance for any direction/list of documents to expect...
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    So she was "waived through". It's unclear whether "unlawful presence" starts accruing in such a situation (for example Canadians who enter without an I-94 are considered to not accrue unlawful presence no matter how long they stay, but this is different). But even if it had started accruing the moment she entered, she had not accrued enough of it to trigger a ban upon leaving, so whether she accrued unlawful presence is irrelevant anyway.
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    Thanks for your response. I totally agree that it is a very strange situation. So based on an 'unlawful presence' being irrelevant. What would you say the expected process/form order would be?

    I130
    Consulate Appointment

    So basically if the I130 is approved, then she pretty much will get the visa?

    Thanks.
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