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Girl Avoids Reentry Bar

(New York, New York – May 14, 2014) A United States Citizen born in the United Arab Emirates (UAE) wanted her younger sister to have a green card. Her teenage sister had overstayed her B-2 visitor visa by two years to attend school in the US. So the older sister filled out and submitted an I-130, the USCIS “Petition for Alien Relative.”
But she made a huge error. USCIS sent paperwork that ordered her sister to return to the UAE for her immigration interview.
Lily Wu, paralegal at Margaret W. Wong & Associates in New York City, who assisted our client, said, “This is so easy to do. You really have to watch out – the consequences can be severe.”
You see, in the I-130 form, page two, item twenty-two, you can fill in the USA city and state where you want the immigration interview to occur, if you’re already in the US, on the left side, or on the right side, you can put in the city and country of origin if you’re still in your birth country.
“When they received the USCIS paperwork, they thought they were in a bind. If you overstay your B-2 visitor visa, you are barred from reentry for 3 years if you overstayed more than 180 days, or 10 years if you overstayed more than 360 days.”
The woman was shocked – her sister was going to be trapped in the UAE for a decade. So she turned to Margaret W. Wong & Associates.
“That’s when most people seek immigration lawyer help – when the worst thing imaginable happens,” said Lily. “Up until then, they’re great. They filled out the paperwork, and sent it in. Everything’s golden. Until you get the USCIS mailing that shows you you messed it up.”
It wasn’t so bad that the girl had to return home for the interview. The bad part was the bar.
“There are exceptions,” Lily said. “It’s really very fortunate that our client is under the age of eighteen. At that age, all bars are lifted. So we filed with the State Department (an overseas immigration hearing is handled by the State Department, not USCIS) to permit the girl home and back without delay. Her immigration hearing was flawless, and now she’s back in the US with a green card.”
Lily told us that even when you’re legal or relatively legal, working with the US immigration system can be very tricky. There are so many rules, regulations and exceptions, there’s no way you can navigate it all. “The consequences of messing up are just too severe – so it’s best to leave it to the immigration professionals.”
Our client is so pleased that she did.
Lily Wu, Margaret W. Wong & Associates, Co., LPA, Chunli@imwong.com
Margaret W. Wong, Esq., President and Managing Partner, Wong@imwong.com
Margaret W. Wong & Associates, Co., LPA.
www.imwong.com ● 216-566-9908
3150 Chester Avenue, Cleveland, Ohio 44118

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

 
 
 

 

 

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