Legal Question in Immigration Law in

my daughter came to the USA in 2001 got approve extended stay to 2003 the overstayed, I files I-130 petition and was approved then we file the immigrant visa which was sent to the NVC and now it was sent to the USA embassy in Trinidad, will she get approved or denied for overstaying in the USA ( I am a US citizen )


Asked on 8/18/10, 5:40 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

She will be denied a visa and banned for 10 years because of overstay.

There might be a possibility of applying for an extreme hardship waiver. If a waiver is approved, a visa will be issued as well. It's very difficult to have it approved upon showing an extreme hardship to a qualifying relative in the USA.

What is the Priority date on your I-130 that you filed for your daughter? Was it filed prior to April 30 2001?

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Answered on 8/18/10, 6:32 pm


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