I-130 petition for Mother who has been Removed from US

[jay-bee 0]

In 2007, my mother was removed from US (A2A or "Airport to Airport" removal) on Feb 2007 due to a prior overstay while she was holding a B1/B2 visa. The penalty was a 5-year ban in the US. Based on that, she is banned from Feb 2007 thru Feb 2012.

I am now a US citizen and filing for I-130. I put in the form that she has been Removed from the USA. Is this going to affect the approval of I-130? Do you think USCIS will wait for the 5-year ban completion before approving I-130? I know I-130 is only to establish relationship. I think it will be I-485 that may be we will have a little bit of a difficult time.

Or should I just answer NO to the question "Has your relative been under immigration proceedings" on I-130? I do not know if she has technically been under immigration proceeding, she was sent back from SFO airport. And then elaborate on that on I-485 filing?

Please advise.

Edited September 8, 2010 by ejb

[aleful 1,905]

In 2007, my mother was removed from US (A2A or "Airport to Airport" removal) on Feb 2007 due to a prior overstay while she was holding a B1/B2 visa. The penalty was a 5-year ban in the US. Based on that, she is banned from Feb 2007 thru Feb 2012.

I am now a US citizen and filing for I-130. I put in the form that she has been Removed from the USA. Is this going to affect the approval of I-130? Do you think USCIS will wait for the 5-year ban completion before approving I-130? I know I-130 is only to establish relationship. I think it will be I-485 that may be we will have a little bit of a difficult time.

Or should I just answer NO to the question "Has your relative been under immigration proceedings" on I-130? I do not know if she has technically been under immigration proceeding, she was sent back from SFO airport. And then elaborate on that on I-485 filing?

Please advise.

how long was she in the US and how long did she overstay? you can't file for her until the ban is up. the i485 only is for adjusting in the US, she will go through consular procesing in her country of origin.

[canadian_wife 1,822]

The visa will not be issued until the ban is up. You will likely get an approved petition from USCIS but the visa will not be issued. You may need an I-601 for the overstay (depending on how long it was) and an I-212 for the removal (was it a formal deportation?) A bit more information on her removal is necessary

The I485 is only for beneficiaries in the US, if your mother was ordered removed then I assume she is outside of the US. If this is the case forget the I-485, it is not for you.

Good luck

[aleful 1,905]

The visa will not be issued until the ban is up. You will likely get an approved petition from USCIS but the visa will not be issued. You may need an I-601 for the overstay (depending on how long it was) and an I-212 for the removal (was it a formal deportation?) A bit more information on her removal is necessary

The I485 is only for beneficiaries in the US, if your mother was ordered removed then I assume she is outside of the US. If this is the case forget the I-485, it is not for you.

Good luck

children don't qualify for the waivers, they can't file a hardship letter for parents.

[Boiler 45,541]

children don't qualify for the waivers, they can't file a hardship letter for parents.

Exactly

[JimVaPhuong 4,863]

In 2007, my mother was removed from US (A2A or "Airport to Airport" removal) on Feb 2007 due to a prior overstay while she was holding a B1/B2 visa. The penalty was a 5-year ban in the US. Based on that, she is banned from Feb 2007 thru Feb 2012.

I am now a US citizen and filing for I-130. I put in the form that she has been Removed from the USA. Is this going to affect the approval of I-130? Do you think USCIS will wait for the 5-year ban completion before approving I-130? I know I-130 is only to establish relationship. I think it will be I-485 that may be we will have a little bit of a difficult time.

Or should I just answer NO to the question "Has your relative been under immigration proceedings" on I-130? I do not know if she has technically been under immigration proceeding, she was sent back from SFO airport. And then elaborate on that on I-485 filing?

Please advise.

As canadian_wife said, the I-130 petition will probably be approved, but the visa will be denied. From your description, this sounds like an expedited removal. This carries the same weight as deportation by an immigration judge, so I would think it would qualify as an immigration proceeding.

As aleful noted, you can't apply for a waiver of the ban. Only spouses and children are eligible for a hardship waiver. A parent is not.

You don't file an I-485. That's only for people who are adjusting status while they are in the US. Someone who enters the US with an immigrant visa doesn't need to adjust status because they are immigrants from the moment they are admitted. They are automatically issued a green card.

Your mom will have to wait until the ban expires before she can apply for a visa.

[griffin 7]

CORRECTIONS ARE WELCOME:

DID YOU TRY READING FORM I -212 (ADMISSION INTO THE UNITED STATES AFTER REMOVAL OR DEPORTATION).I HAVENT TRIED COMPLETING THE READING YET BUT IT MENTIONED MAY APPLY AFTER FIVE YEARS FROM THE DATE OF REMOVAL...PLEASE READ FURTHER

Edited September 9, 2010 by griffin

[canadian_wife 1,822]

children don't qualify for the waivers, they can't file a hardship letter for parents.

Thank you for the correction, now I know!

[jay-bee 0]

Thank you all for your comments!

I think it now harder for me to petition her - if still posssible. On the Notice given to her at the airport, she was in violation of Section 212 a 6 C i and 212 a 7 A i I. I did not pay attention to these sections until now. Upon further readings and inquiries (free lawyer consultation over the phone), under this section she is permanently inadmissable, not just the 5 year ban. The waiver I201 does not apply for the same reason some of you stated (a child cannot file for a parent).

I will still file I-130 which likely be approved but she may not be able to get a visa. I am hoping that there might be some loophole or an expert who can help us overcome this.

Please keep on your comments. All information are appreciated.

My heart is breaking. We were literally counting days and nights for my citizenship and for her 5-year ban....

[canadian_wife 1,822]

INA §212(a)(6)©(i), an alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or entry into the United States or other benefit provided under the INA is excludable

Yikes, this is more serious than simply being turned away at the border. Your visa will be refused. Misrepresentation is a tough charge to overcome. Make sure you have a competent lawyer on your side. Laural Scott is a fantastic lawyer who specializes in inadmissability. She offers free chats on wednesdays at scottimmigration.net. Also immigrate2us.net is a great site for those who are inadmissable

What happened at the POE to get the misrepresentation charge?

[jay-bee 0]

Thank you canadian_wife for the info.

CBP asserted that she concealed the fact that she overstayed in her last stay to US by backdating the arrival stamp on her passport.

[Boiler 45,541]

She concealed the fact that she overstayed in her last stay to US by backdating the arrival stamp on her passport.

You can look on www.immigrate2us.net, or speak to an Immigration Lawyer, without a qualifying relative the I 130 seems a waste of money.