Passports: HOME | EUROPE | AMERICAS, AUSTRALIA and OCEANIA | ASIA | AFRICA | OTHER DOCUMENTS
National Anthems:[ www.national-anthems.net ] ++
Travel:[ Europe ] [ Asia ] [ USA-Canada ] [ Latin-America ] [ Africa ] [ Australia ] [ more ]
[ Australia legal ] [ U.K. legal ] [ U.S. visa ] [ Immigration ] [ Marriage based U.S visa ]



Subject: Re: Green Card denied at Consular Processing.... Options? Posted on: Fri, 10 Oct 2008 19:03:55 -0700

rcbrambila@gmail.com 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.