Help with I-485 for my mother

[Tiroteo 0]

Hello to all great website, i'm new here so i'll do my best

BACKGROND:

in 1991 my mather left my mother and three kids, her visa expired and she couldn't even aford the money to go back to Dominican R. so she just stayd here...

now in 2009 i'm a zitizen and so are my two sisters, all of my familyis here, we have no remaining family in the DR. my mother has varios health issues and she lives with me, we the family depend on her to take care of our kids while we work and she is the back bone of the operation.

I have a file an I-130 wich was aproved, now i'm getting ready to file I-485 but i'm afraid it will get denid because of her over stay of many years and sent back to a country where she does not know anyone and has not knowledge of,, the system.

Questions:

does she qualify for any waivers for her over stay and current situation?

is there anything i can do to avoid her over stay being a problem during filings?

can sone point me out to what i need to file for this as a packege?

thankyou guys in advance

[Kez/JWolf 6]

Hello to all great website, i'm new here so i'll do my best

BACKGROND:

in 1991 my mather left my mother and three kids, her visa expired and she couldn't even aford the money to go back to Dominican R. so she just stayd here...

now in 2009 i'm a zitizen and so are my two sisters, all of my familyis here, we have no remaining family in the DR. my mother has varios health issues and she lives with me, we the family depend on her to take care of our kids while we work and she is the back bone of the operation.

I have a file an I-130 wich was aproved, now i'm getting ready to file I-485 but i'm afraid it will get denid because of her over stay of many years and sent back to a country where she does not know anyone and has not knowledge of,, the system.

Questions:

does she qualify for any waivers for her over stay and current situation?

is there anything i can do to avoid her over stay being a problem during filings?

can sone point me out to what i need to file for this as a packege?

thankyou guys in advance

Over stay time is not forgiven for Parents of a USC, that only applies to Spouses of USC. you really need to talk to a immigration lawyer who specializes in helping illegal immigrants. Do not file the AOS or do anything until you have got advice. You may find your mother has to return to her own country and then get denied on the basis of her illegal presence and then if a waiver is available to her she would have to file that. If she has been in the US from more than 1 year you are looking at a 10 year ban on re-entry.

Sorry but it is not just a case of filing for AOS and her been given a greencard.

good luck you have some hard things to face I am afraid.

[Tiroteo 0]

Hello to all great website, i'm new here so i'll do my best

BACKGROND:

in 1991 my mather left my mother and three kids, her visa expired and she couldn't even aford the money to go back to Dominican R. so she just stayd here...

now in 2009 i'm a zitizen and so are my two sisters, all of my familyis here, we have no remaining family in the DR. my mother has varios health issues and she lives with me, we the family depend on her to take care of our kids while we work and she is the back bone of the operation.

I have a file an I-130 wich was aproved, now i'm getting ready to file I-485 but i'm afraid it will get denid because of her over stay of many years and sent back to a country where she does not know anyone and has not knowledge of,, the system.

Questions:

does she qualify for any waivers for her over stay and current situation?

is there anything i can do to avoid her over stay being a problem during filings?

can sone point me out to what i need to file for this as a packege?

thankyou guys in advance

Over stay time is not forgiven for Parents of a USC, that only applies to Spouses of USC. you really need to talk to a immigration lawyer who specializes in helping illegal immigrants. Do not file the AOS or do anything until you have got advice. You may find your mother has to return to her own country and then get denied on the basis of her illegal presence and then if a waiver is available to her she would have to file that. If she has been in the US from more than 1 year you are looking at a 10 year ban on re-entry.

Sorry but it is not just a case of filing for AOS and her been given a greencard.

good luck you have some hard things to face I am afraid.

waooo! i guess is not as easy as it sounds, i guess her best shot would be if she re married,,, to a citizen,

thanks alot, now i see where i can start!

[desert_fox 32]

Over stay time is not forgiven for Parents of a USC, that only applies to Spouses of USC. you really need to talk to a immigration lawyer who specializes in helping illegal immigrants. Do not file the AOS or do anything until you have got advice. You may find your mother has to return to her own country and then get denied on the basis of her illegal presence and then if a waiver is available to her she would have to file that. If she has been in the US from more than 1 year you are looking at a 10 year ban on re-entry.

Sorry but it is not just a case of filing for AOS and her been given a greencard.

good luck you have some hard things to face I am afraid.

.........................................................

Im not sure this is correct. I think an overstay is forgiven for any immediate relative (as stated on USCIS website). This would include a parent of a USC....no????

SEE THAT LAWYER

Edited February 7, 2009 by desert_fox

[Kez/JWolf 6]

Im not sure this is correct. I think an overstay is forgiven for any immediate relative (as stated on USCIS website). This would include a parent of a USC....no????

SEE THAT LAWYER

If the mother entered the US legally and has evidence of that, then she can be filed for as an immediate relative of a USC and the fact she failed to depart will not stop her from being approved for AOS.

However if she did not enter the US legally then it does not matter that she is a immediate relative of a USC she can not do AOS and be approved.

This is why they should do nothing until they have consulted with a immigration lawyer and all the facts have been looked into. The most important thing right now is not to do anything that could cause major issues later.

[Tiroteo 0]

Im not sure this is correct. I think an overstay is forgiven for any immediate relative (as stated on USCIS website). This would include a parent of a USC....no????

SEE THAT LAWYER

If the mother entered the US legally and has evidence of that, then she can be filed for as an immediate relative of a USC and the fact she failed to depart will not stop her from being approved for AOS.

However if she did not enter the US legally then it does not matter that she is a immediate relative of a USC she can not do AOS and be approved.

This is why they should do nothing until they have consulted with a immigration lawyer and all the facts have been looked into. The most important thing right now is not to do anything that could cause major issues later.

now that is light on me.... My mom did enter here on legally on a working visa, my father got one of my sisters and me residence, but never did for my mother, as off living her on the limbo when he took off and left her all alone with 3 kids "my other sister was born in US" ,, that is the reason for her stay she could not afford to buy i ticket for her self never the less for 3 kids with no where to stay in the dominican rep......

if her time is forgetable with me filing AOS, that will be greAT, as this issue has already cost me my military career, and if i can fix this i still a few years to get back,,

thankyou guys,, any input is welcome, may god bless you all.

[Tiroteo 0]

sorry for the dopuble post guys!

i was looking on line and this is what i found under

8 CFR PART 245 Adjustment of status to that of person admitted for permanent residence

(B) Restricted aliens. The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act, unless the alien establishes eligibility under the provisions of section 245(i) of the Act and § 245.10 , is not included in the categories of aliens prohibited from applying for adjustment of status listed in § 245.1© , is eligible to receive an immigrant visa, and has an immigrant visa immediately available at the time of filing the application for adjustment of status: (Revised 10/1/94; 59 FR 51091 )

(5) Any alien who on or after November 6, 1986 is not in lawful immigration status on the date of filing his or her application for adjustment of status, except an applicant who is an immediate relative as defined in section 201(B) or a special immigrant as defined in section 101(a)(27) (H) , (I) , or (J) ;

(6) Any alien who files an application for adjustment of status on or after November 6, 1986, who has failed (other than through no fault of his or her own or for technical reasons) to maintain continuously a lawful status since entry into the United States, except an applicant who is an immediate relative as defined in section 201(B) of the Act or a special immigrant as defined in section 101(a)(27) (h) , (I) , or (J) of the Act;

If i'm not mistaken i think this says that they will forgive the fact that she over stay her visa, !!!!!! since i'm a citizen right, unless some one can point me out on a different direction,,,

I'm still planing to see a lawyer, but i want to know what i'm talking about when i walk in!

[Kez/JWolf 6]

sorry for the dopuble post guys!

i was looking on line and this is what i found under

8 CFR PART 245 Adjustment of status to that of person admitted for permanent residence

( B) Restricted aliens. The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act, unless the alien establishes eligibility under the provisions of section 245(i) of the Act and § 245.10 , is not included in the categories of aliens prohibited from applying for adjustment of status listed in § 245.1© , is eligible to receive an immigrant visa, and has an immigrant visa immediately available at the time of filing the application for adjustment of status: (Revised 10/1/94; 59 FR 51091 )

(5) Any alien who on or after November 6, 1986 is not in lawful immigration status on the date of filing his or her application for adjustment of status, except an applicant who is an immediate relative as defined in section 201( B) or a special immigrant as defined in section 101(a)(27) (H) , (I) , or (J) ;

(6) Any alien who files an application for adjustment of status on or after November 6, 1986, who has failed (other than through no fault of his or her own or for technical reasons) to maintain continuously a lawful status since entry into the United States, except an applicant who is an immediate relative as defined in section 201( B) of the Act or a special immigrant as defined in section 101(a)(27) (h) , (I) , or (J) of the Act;

If i'm not mistaken i think this says that they will forgive the fact that she over stay her visa, !!!!!! since i'm a citizen right, unless some one can point me out on a different direction,,,

I'm still planing to see a lawyer, but i want to know what i'm talking about when i walk in!

Yes if she arrived in the US on a work visa and never left, she was inspected at entry and because she is an ommidiate relative of a USC she can file for AOS and her overstay will be forgiven.

The part of the Immigration Act you have quoted is exactly right. Good Luck with the lawyer just watch out that they dont try to rip you off, There is nothing to stop you getting the advice about the law form the lawyer but doing all the paperwork yourself. As long as you feel comfortable with the form it is not too hard to do and that way you are in control of the case and will keep on top of things.

Good Luck

[Tiroteo 0]

sorry for the dopuble post guys!

i was looking on line and this is what i found under

8 CFR PART 245 Adjustment of status to that of person admitted for permanent residence

( B) Restricted aliens. The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act, unless the alien establishes eligibility under the provisions of section 245(i) of the Act and § 245.10 , is not included in the categories of aliens prohibited from applying for adjustment of status listed in § 245.1© , is eligible to receive an immigrant visa, and has an immigrant visa immediately available at the time of filing the application for adjustment of status: (Revised 10/1/94; 59 FR 51091 )

(5) Any alien who on or after November 6, 1986 is not in lawful immigration status on the date of filing his or her application for adjustment of status, except an applicant who is an immediate relative as defined in section 201( B) or a special immigrant as defined in section 101(a)(27) (H) , (I) , or (J) ;

(6) Any alien who files an application for adjustment of status on or after November 6, 1986, who has failed (other than through no fault of his or her own or for technical reasons) to maintain continuously a lawful status since entry into the United States, except an applicant who is an immediate relative as defined in section 201( B) of the Act or a special immigrant as defined in section 101(a)(27) (h) , (I) , or (J) of the Act;

If i'm not mistaken i think this says that they will forgive the fact that she over stay her visa, !!!!!! since i'm a citizen right, unless some one can point me out on a different direction,,,

I'm still planing to see a lawyer, but i want to know what i'm talking about when i walk in!

Yes if she arrived in the US on a work visa and never left, she was inspected at entry and because she is an ommidiate relative of a USC she can file for AOS and her overstay will be forgiven.

The part of the Immigration Act you have quoted is exactly right. Good Luck with the lawyer just watch out that they dont try to rip you off, There is nothing to stop you getting the advice about the law form the lawyer but doing all the paperwork yourself. As long as you feel comfortable with the form it is not too hard to do and that way you are in control of the case and will keep on top of things.

Good Luck

thanks god,,, ufff,, i feel better now, this website is fool of advice and people with good harts,,, based on the materials i have found on here, i'm confident i can file the paperwork on my own, but i will still look for advice on matters not clear with me,,,

thankyou guys