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-   -   Visa Question (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/visa-question-938038/)

GR33No Apr 9th 2021 12:19 am

Visa Question
 
My mother was issued a visa right when the travel ban was implemented. Due to not being able to travel the visa expired (visa was valid for 6 months). Can we have the visa re-validated? If so how? Or do we have to start the entire process from scratch (petition, fee’s etc)

Thanks

S Folinsky Apr 9th 2021 12:35 am

Re: Visa Question
 

Originally Posted by GR33No (Post 12992946)
My mother was issued a visa right when the travel ban was implemented. Due to not being able to travel the visa expired (visa was valid for 6 months). Can we have the visa re-validated? If so how? Or do we have to start the entire process from scratch (petition, fee’s etc)

Thanks

What kind of visa? If immigrant visa, when was it issued? Do note that government operates on a fiscal year starting on October 1.

SanDiegogirl Apr 9th 2021 1:14 am

Re: Visa Question
 
You are not giving full information.

You mother tried to fly to the US last July, but was stopped at Amsterdam and, according to you, was told she needed an ESTA.
In your posts you said she had the visa, although you then said you had been told by the Embassy you were good to go - which was something no-one on the forum had heard an Embassy doing. Some thought that your mother did not have all the documentation necessary to fly OR that she need special permission to fly during the pandemic since she was neither a US citizen nor a permanent resident.
You did not come back on that previous thread to say how you sorted that out. Presumably you did not.

S Folinsky Apr 9th 2021 2:10 am

Re: Visa Question
 
My experience in this area is quite stale, but I see multiple questions and scenarios. Some answers are good but others the opposite.

I suggest consultation with experienced immigration counsel who wii know what questions to ask and how to locate the answers. (In other words, don’t expect off the top of the head answers).

If I knew the name of an attorney I considered competent and reasonably priced, I used to make recommendations herein; but no more.

SanDiegogirl Apr 9th 2021 5:24 am

Re: Visa Question
 
As per this website

https://uk.usembassy.gov/visas/after...d-of-the-visa/I

If you are unable to travel to the United States before the visa expires, you should return the visa to the Immigrant Visa Unit with a covering letter explaining why you have been unable to travel. Please do not return the visa until it has expired.


Your case will be reviewed by a consular officer and if you are able to show, to the satisfaction of the consular officer, that the reason for not traveling was due to circumstances beyond your control, a new visa will be issued. You will be required to pay new visa processing and issuance fees and may be required to attend a further medical examination. Further information will be provided to you once your case has been reviewed.

S Folinsky Apr 9th 2021 2:35 pm

Re: Visa Question
 

Originally Posted by SanDiegogirl (Post 12992984)
As per this website

https://uk.usembassy.gov/visas/after...d-of-the-visa/I

If you are unable to travel to the United States before the visa expires, you should return the visa to the Immigrant Visa Unit with a covering letter explaining why you have been unable to travel. Please do not return the visa until it has expired.


Your case will be reviewed by a consular officer and if you are able to show, to the satisfaction of the consular officer, that the reason for not traveling was due to circumstances beyond your control, a new visa will be issued. You will be required to pay new visa processing and issuance fees and may be required to attend a further medical examination. Further information will be provided to you once your case has been reviewed.

This confirms my thoughts that reissuance is possible. Even if reissuance is not in the cards, I wonder if the approved visa petition is still valid for a new visa process.

The possible permutations underlie my recommendation about seeking legal advice.


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