rcbrambila@... wrote on 10/10/08 10:15:
> Hi,
>
> My mother (US Citizen) applied for my grandmother to get her green
> card and she was approved for the consular processing option last
> year. She went in the summer of last year to Mexico to take my grandma
> to her appointment and when they arrived there they were told that my
> grandma had been denied "because she was previously in the US for more
> than 10 years".
>
> My mother said this took all but five-ten minutes to let her know this
> once she got to the interview (the wait was like four hours) -- it
> doesn't seem right to me. Shouldn't they have let her know before hand
> (like before she had to make the trip to Mexico) that she was going to
> be denied?
No. This check is always done at interview time.
> I couldn't find any information relating to the reasons for denial nor
> could I find any info on this specific denial online (like at the
> USCIS website), but does this sound right to anyone (and where could I
> find out more about this)?
Most likely the immigration law, INA 212, online on the USCIS website.
A person who overstays for more than a year is banned for 10 years.
> My grandma has been outside of the US for 5 years or more.
See above. If she overstayed for more than a year, she is banned for 10 years.
> Is there anything she can do to appeal (even if it means that she has
> to wait longer to apply or something -- again, I couldn't find
> anything on ELIGIBILITY other than the basics)?
All the grounds of inadmissibility are listed in INA 212.
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney. |