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victorb153

wife is applying for citizenship her mom is here illegal expired visa 8 years ago

By victorb153 in Bringing Family Members of US Citizens to America

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victorb153 Rookie

victorb153   0

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Filed: Country: Costa Rica
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My wife is now a green card holder for over 3 years and going to apply for citizenship.. we met and were married in costa rica 5 years ago moved here over 3 years ago.. have a 4 year old son... Her Mother has been in the states for 10 years came on a 1 year visa and never left... Wonder what to do and if the process could get her thrown out ????

victorb153 Rookie

victorb153   0

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Filed: Country: Costa Rica
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Wife is applying for citizenship... we were married in costa rica 5 years ago moved here over 3 years ago when she got her GC... we have a 4 year old son... she wants to help her mother who has been here in the US for 8 years over stayed a 1 year visa... have read to file the I-130 with the I-485 but havnt read about weather mother can get thrown out during this process.. or what to do in this case ...

Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
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Posted

Duplicate post moved from Bringing Family Members of Permanent Residents to the US as the individual involved has applied for citizenship, and merged post with existing thread already posted in Bringing Family Members of US Citizens to the US.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted (edited)

In regard to immigration and US citizenship, there is not the slightest connection between your wife and your mother-in-law. It's a non-issue.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

victorb153 Rookie

victorb153   0

Posted
Filed: Country: Costa Rica
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In regard to immigration and US citizenship, there is not the slightest connection between your wife and your mother-in-law. It's a non-issue.

Maybe i explained it wrong my wife is going to get her citizenship ... I am an a born and bred US citizen ... we have been back here in the states for over 3 years now and my wife has her permanent residence for over 3 years now. So she can apply for citizenship she will pass test no problem.. She can then apply for her mother to get residence.. filing the I-130 and the I-485 together as ive read only problem is her mother is already here in the states she came on a 1 year visa 9 years ago and never left...

Boiler Grand Master

Boiler   45,997

Posted
Filed: K-1 Visa Country: Wales
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Posted

I am trying to think of what visa would have allowed entry for 1 year, none comes to mind.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

Here's your question:

Can a USC petition for a parent if that parent has been staying in the USA illegally for 9 years?

I'd say no, as this is not an AOS situation where one petitions for a spouse. My guess is that mom has to go back to Costa Rica and wait there for 10 years 'til she can come back.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

john_and_marlene Mentor

john_and_marlene   162

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Filed: Citizen (apr) Country: Philippines
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Posted

Here's your question:

Can a USC petition for a parent if that parent has been staying in the USA illegally for 9 years?

I'd say no, as this is not an AOS situation where one petitions for a spouse. My guess is that mom has to go back to Costa Rica and wait there for 10 years 'til she can come back.

The adjustment of status for a parent of a USC will have the same protections as applying for a spouse. The case law protections are for immediate family members of a USC. Immediate family members are parents, children, and spouse.

If the mother leaves, she will have a 10 year ban. If she stays and adjusts status as the parent of a USC, she will more than likely be granted permanent residence unless she has other adverse factors besides overstay, immigrant intent, or working without authorization.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

Thanks for the info. I wasn't aware of it. Learned something new.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

HeatDeath Proficient

HeatDeath   430

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

I wonder if the OP's concern was not something more along the lines of whether her citizenship application would draw undue attention to her mother and bring down the wrath of ICE, who would presumably have not otherwise noticed her had her family kept their collective heads down and off the radar?

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

Boiler Grand Master

Boiler   45,997

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)

Only the OP can tell us of their concerns.

If ICE were really focussed on deporting those here undocumented it is not exactly dificult to find people. I think we could all point them in the right direction.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

  • 7 months later...
victorbrown Rookie

victorbrown   0

Posted
Filed: Timeline
Posted

I am and always was a us citizen my wife (formerly costa rican) is now a us citizen so she can file the I130 and I485 for her mother... problem is her mother has been here in the us since 1999 she entered legally but never left wondering if any simalar cases around ? I will start a new thread jst wanted to respond to the old one

victorbrown Rookie

victorbrown   0

Posted
Filed: Timeline
Posted

I am and always was a us citizen my wife (formerly costa rican) is now a us citizen so she can file the I130 and I485 for her mother... problem is her mother has been here in the us since 1999 she entered legally but never left wondering if any simalar cases around ? I will start a new thread jst wanted to respond to the old one

victorbrown Rookie

victorbrown   0

Posted
Filed: Timeline
Posted

I am and always was a us citizen my wife (formerly costa rican) is now a us citizen so she can file the I130 and I485 for her mother... problem is her mother has been here in the us since 1999 she entered legally but never left wondering if any simalar cases around ? I will start a new thread jst wanted to respond to the old one

victorbrown Rookie

victorbrown   0

Posted
Filed: Timeline
Posted

I am and always was a us citizen my wife (formerly costa rican) is now a us citizen so she can file the I130 and I485 for her mother... problem is her mother has been here in the us since 1999 she entered legally but never left wondering if any simalar cases around ? I will start a new thread jst wanted to respond to the old one

 
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