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Tricky situation: I have immediate relatives overstaying in the U.S.

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  • Tricky situation: I have immediate relatives overstaying in the U.S.

    Hi folks,

    Here is my rather awkward situation:
    - I have a sister.
    - She went to the U.S. using Nonimmigrant Visa(B) about 10 years ago
    - She has been staying in the U.S. since
    - Her daughter(my niece) is under working visa at the moment, and her fiance is U.S. citizen
    - My niece is inviting me to attend her wedding ceremony early next year
    - DS-160 asks me "Do you have any immediate relatives, not including parents, in the United States?"

    I intend to answer this question truthfully. However, here is my concerns:
    If I answer "YES", will my answer bring any attention of U.S. authority who will try to find out my sister's visa status?
    Given the fact that my sister is overstaying I don't want to make her any trouble.

    Or maybe I shouldn't be attending my niece's wedding ceremony at all?

    Please advise.

    Cheers

  • #2
    ricky situation: I have immediate relatives overstaying in the U.S.

    Originally posted by jerouy View Post
    Hi folks,

    Here is my rather awkward situation:
    - I have a sister.
    - She went to the U.S. using Nonimmigrant Visa(B) about 10 years ago
    - She has been staying in the U.S. since
    - Her daughter(my niece) is under working visa at the moment, and her fiance is U.S. citizen
    - My niece is inviting me to attend her wedding ceremony early next year
    - DS-160 asks me "Do you have any immediate relatives, not including parents, in the United States?"

    I intend to answer this question truthfully. However, here is my concerns:
    If I answer "YES", will my answer bring any attention of U.S. authority who will try to find out my sister's visa status?
    Given the fact that my sister is overstaying I don't want to make her any trouble.

    Or maybe I shouldn't be attending my niece's wedding ceremony at all?

    Please advise.

    Cheers
    No one can say for sure, but it could certainly draw attention to her. They could check her visa status, find her, deport her and ban her from coming to the U.S. with a 10 year ban. Even after the 10 year ban, her chances of ever being issued a visa again would be almost impossible. They would know she tried to illegally immigrate before and she would always be denied as a high risk. She has been accruing unlawful presence here for a very long time. So sadly, your truthful intentions could bring attention to her dishonesty, get her deported and prevent her from ever re-entering the U.S.

    This is my opinion and not legal advice. Use of this information is strictly at your own risk.

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