Overstayed in Pakistan

Old Oct 18th 2021, 6:12 pm
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Default Re: Overstayed in Pakistan

I have no idea if a failed SB1 flags up.

I do know that the GC is returned and have not come across a LPR with a current GC been denied boarding so would be interested to know how and when this has happened

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Old Oct 18th 2021, 6:34 pm
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Default Re: Overstayed in Pakistan

Originally Posted by lansbury
One might wonder what the outcome will be when the airline send the passenger list stateside, before departure. In view of the SB-1 denial, which would flag up, the airline might well be told to remove her pre-departure.
The GC is valid. They cannot deny entry. All they can do is flag the case and refer for further processing.

Only an Immigration Judge can take someones GC away involuntarily.
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Old Oct 18th 2021, 9:56 pm
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Default Re: Overstayed in Pakistan

Originally Posted by civilservant
The GC is valid. They cannot deny entry. All they can do is flag the case and refer for further processing.

Only an Immigration Judge can take someones GC away involuntarily.
I know that. But the lady is in Pakistan. The airline needs US approval of the manifest before they can take off. Been that way since the regulations were all changed after 9/11. If they want to play hard ball they just tell the airline to deny boarding. Not a case of deny entry she never gets that far. You might think they wouldn't do it, I've seen them in action at Heathrow.

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Old Oct 18th 2021, 10:23 pm
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Default Re: Overstayed in Pakistan

Originally Posted by lansbury
I know that. But the lady is in Pakistan. The airline needs US approval of the manifest before they can take off. Been that way since the regulations were all changed after 9/11. If they want to play hard ball they just tell the airline to deny boarding. Not a case of deny entry she never gets that far. You might think they wouldn't do it, I've seen them in action at Heathrow.
They refused Legal Permanent Residents wonder how this has never hit the news
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Old Oct 19th 2021, 12:51 am
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Default Re: Overstayed in Pakistan

Originally Posted by Awais.Ahmed
Hi,
My wife has a green card and daughter has a passport for USA. They both came in Pakistan in 2019 and stuck in Pakistan due to covid and overstayed in Pakistan. We have applied for SB-1 visa and it was rejected. Need suggestion what should i need to do now to get back the permission to enter USA
Your daughter has a US passport, so you can use that to go back.

"How long does it take to bring parents to USA?
For immediate relatives (spouse, children and parents) of U.S. citizens, there is an unlimited number of immigrant visas and approval can be obtained in approximately 5 to 9 months. There is a short wait because there is no visa limit for the immediate relative category.Apr 26, 2021"
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Old Oct 19th 2021, 5:57 am
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Default Re: Overstayed in Pakistan

Originally Posted by vespucci
Your daughter has a US passport, so you can use that to go back.

"How long does it take to bring parents to USA?
For immediate relatives (spouse, children and parents) of U.S. citizens, there is an unlimited number of immigrant visas and approval can be obtained in approximately 5 to 9 months. There is a short wait because there is no visa limit for the immediate relative category.Apr 26, 2021"
Depends how old the daughter is, she’ll need to be an adult for that to work.
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Old Oct 19th 2021, 6:01 am
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Default Re: Overstayed in Pakistan

Originally Posted by civilservant
The GC is valid. They cannot deny entry. All they can do is flag the case and refer for further processing.

Only an Immigration Judge can take someones GC away involuntarily.
I’m intrigued, does the SB-1 app refusal not effectively cancel the green card as it’s asking for a new immigrant visa to be issued? I just assumed they’d have to return it with the app and the refusal would cancel it immediately.
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Old Oct 19th 2021, 7:26 am
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Default Re: Overstayed in Pakistan

Originally Posted by christmasoompa
I’m intrigued, does the SB-1 app refusal not effectively cancel the green card as it’s asking for a new immigrant visa to be issued? I just assumed they’d have to return it with the app and the refusal would cancel it immediately.
Answer to your question - no. There is an unpublished BIA case (Matter of Wood), where a Canadian green card holder was engaged in business in Canada. Upon return, the border people believed he had abandoned, had him execute an I-407 “voluntarily” and lifted his green card, whereupon he was allowed to enter the US as a B-2 visitor to visit his parents. (Canadians generally do not need non-immigrant visas). At a later point, he contested abandonment, and prevailed.

An interesting case is Yakou v United States.

Legal consultation is very much in order.
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Old Oct 20th 2021, 5:59 am
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Default Re: Overstayed in Pakistan

Hi All,

Great to hear from you all. Thanks a lot for your valuable comments.

Could you please suggest me the way forward, what i should do now as whole case is here.

BR,
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Old Oct 20th 2021, 6:08 am
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Default Re: Overstayed in Pakistan

Originally Posted by Awais.Ahmed
Hi All,

Great to hear from you all. Thanks a lot for your valuable comments.

Could you please suggest me the way forward, what i should do now as whole case is here.

BR,
As above, you need a really good lawyer - and Mr F says to make sure you get one who has tried at least one abandonment case.

On the face of it, your wife would need to reapply for a visa if she wants to move back, but you never know what a good lawyer maybe able to do.

https://www.ailalawyer.com/

Good luck, please come back and let us know how you get on.

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Old Oct 22nd 2021, 5:49 am
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Default Re: Overstayed in Pakistan

Hi All,

Just need more suggestion, this Layer should be hired in Pakistan or USA as my family is in Pakistan.

BR,
Awais
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Old Oct 22nd 2021, 2:07 pm
  #27  
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Default Re: Overstayed in Pakistan

Originally Posted by Awais.Ahmed
Hi All,

Just need more suggestion, this Layer should be hired in Pakistan or USA as my family is in Pakistan.

BR,
Awais
I see that you have not given us any information on YOUR status in the US. Your daughter is a USC and your wife is a LPR but what are you? Are you an LPR also or are you a USC?

Personally, I would contact a US immigration attorney. Christmas gave you the link to US attorneys where you can find one that specializes in your specific needs.
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Old Oct 22nd 2021, 10:54 pm
  #28  
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Default Re: Overstayed in Pakistan

Originally Posted by Awais.Ahmed
Hi All,

Just need more suggestion, this Layer should be hired in Pakistan or USA as my family is in Pakistan.

BR,
Awais
Either one.

Rene
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Old Oct 23rd 2021, 12:03 am
  #29  
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Default Re: Overstayed in Pakistan

General comment: when I was in practice, I represented clients I never personally met. Modern communications are wonderful.
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Old Oct 23rd 2021, 2:07 pm
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Default Re: Overstayed in Pakistan

Hi,

I am in Pakistan as well my petition is approved from homeland and currently my case is with NVC.
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