HELP!!!Big mess, but is it salvageable???

[Brownelle 0]

Hi everyone, I just found out about this forum and I'm glad to see that there's a place where I can get my questions answered.

Here is my situation. I'm a U.S. Citizen and I would like to bring my mom to stay with me here. Her case is very complicated so I'm worried of how to make her coming successful.

Please forgive me if I'm not giving out too much detail, but truth is I'm affraid these information may be used against my mother and may hinder her possibility to come here. So I'm going to be vague, but still try to make it as clear as possible.

Ok, we are originally from a country in Africa; My mother resides in Europe, but the problem is that she has assumed a false identity. To make a long story short, my father repudiated my mother sometime in the end 70's early 80's. At that time I was studying in Europe. In the african culture, the end of a marriage and especially repudiation is something very humiliating for a woman. And since at that time most women did not go beyond high school, and did not work, they largelly depended on their husband to be their provider. After being repudiated, my mother tried to escape her predicament by fleeing our country and joining me in Europe where I was studying.

To do so she had to change her name and birth date so she wouldn't be tracked down (my father was a diplomat, so she had a diplomatic passport). Apparently, it worked, she managed to get another passport, with a different name and birth date. In the mean time I moved to the U.S. got the U.S. citizenship about 15 years ago. I haven't seen her in 7 years and now I'd like to bring her here, so she could stay with me.

The problem is, if I file a petition to invite her here as a tourist, we wouldn't be able to adjust her status because there would be no way to prove that the person on my birth certificate and her (with the illicity changed name and birth date) are the same.

If I file an I-130, she'd had to go back to our country (which she left almost 30 years ago under a different identity) and do everything from there. But what are the odds of it working?

And what are the odds of her being granted a tourist Visa from the European country she resides in? And later attempt an Adjustment of Status here?

Edited February 18, 2008 by Brownelle

[*JG* 2]

I suggest a qualified immigration attorney. This one is way too complicated for us to help you with on here.

[Boiler 45,942]

What status does she have in the Country she resides in.

Why not get her to apply with the corect details, I seem to remember you need to put down aliass, and anyway thta will show i the Police report.

[Brownelle 0]

Thanx Jomo's girl and Boiler for responding.

What status does she have in the Country she resides in.

Why not get her to apply with the corect details, I seem to remember you need to put down aliass, and anyway thta will show i the Police report.

She has an asylee status.

I also thought about this alias and other name(s) used but I always thought you'd need to show legal evidence of the name change, or something like that. I don't know

[diadromous mermaid 36]

Thanx Jomo's girl and Boiler for responding.

What status does she have in the Country she resides in.

Why not get her to apply with the corect details, I seem to remember you need to put down aliass, and anyway thta will show i the Police report.

She has an asylee status.

I also thought about this alias and other name(s) used but I always thought you'd need to show legal evidence of the name change, or something like that. I don't know

Does she have no means to demonstrate her true identity? As an aside, how were you able to come to the USA 15 years ago?

[Brownelle 0]

Thanx Jomo's girl and Boiler for responding.

What status does she have in the Country she resides in.

Why not get her to apply with the corect details, I seem to remember you need to put down aliass, and anyway thta will show i the Police report.

She has an asylee status.

I also thought about this alias and other name(s) used but I always thought you'd need to show legal evidence of the name change, or something like that. I don't know

Does she have no means to demonstrate her true identity? As an aside, how were you able to come to the USA 15 years ago?

Yes, my mother has a means to demonstrate her true identity. I think it's the fear of being deported that prevents her from disclosing it. Under her true identity she has a diplomatic passport, which normally doesn't allow one to seek asylum.

I came over here when my Student Visa was nearing it's expiration date. I was born in the U.S. while my father was studying here. After he completed his degree, we left the U.S. to live in Africa. I was 4 and 1/2 when we left the U.S.

Getting my U.S. citizenship was fairly easy; all I had to do was showing evidence that my father was a student and not a diplomat at the time of my birth.

[Boiler 45,942]

Usually you can use the Consulate in a country you are legally resident in.

Not sure what will happen when it becomes evident that this status had been obtained fraudulently.

Something for a lawyer.

[Brownelle 0]

Usually you can use the Consulate in a country you are legally resident in.

Not sure what will happen when it becomes evident that this status had been obtained fraudulently.

Something for a lawyer.

You're right, and that's exactly what I told her today: she needs legal advice from an immigration attorney, and that person will determine whether her case can be salvaged.

[JaEnglishGirl 34]

I think the odds for her being approved using her correct details from her home country are extremely high.

I can see no reason why she wouldn't be approved.

If she has an address she can use there, you could apply now and when it's time for interview, she could then fly back.