Parents overstayed H1-B are they in risk of deportation if I file for AOS through marriage?

[ibee 7]

Hi,

I am soon to marry my long-time boyfriend, who is a US citizen and apply for AOS.

Everything was well until I saw form G-325 and that it asks for my parents' names and location.

My parents overstayed H1-B 7 years ago because of a terrible lawyer and their deceitful employers.

My H4 also expired then.

My question is, will I jeopardize my parents's and my brother's safety if I file for AOS through marriage? What are the chances of deportation for them?

Can I avoid stating their place of residence, somehow?

Very confused and worried. Any help appreciated!

[canadian_wife 1,822]

No you cannot. Obviously your parents live somewhere so put where they live. Failing to do so, you'll be committing misrepresentation. Putting nothing - will result in a request for further evidence.

Chances of having something happen to your family is low - impossible, no, but low

Good luck

[ibee 7]

Would seeing a lawyer help?

[Inky 1,110]

The only difference a lawyer is going to make is taking longer and more expencive. Because you have more time than a lawyer does to file your own stuff and fill in your own forms and its free to fill it in yourself.

[Anh map 2,098]

Would seeing a lawyer help?

Talking with an attorney can help you gather more information and advice. An attorney cannot change the facts.

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a H4 visa and the prior forum is for K1, K2, K3 & K4 **

[Brother Hesekiel 2,236]

You can truthfully state your parents' names and the State they live in. You should not lie, but you also don't have to be too specific. As long as you write something in that field, you won't get an RFE for it.

The chance that somebody is coming to look for your parents and your brother based on you mentioning that they live in the USA is pretty close to zero, by the way. It will help them, however, should you become a US citizen in 3-and-then-some years and can petition for your parents as immediate relatives. For that reason, your parents should avoid leaving the US.

[ibee 7]

You can truthfully state your parents' names and the State they live in. You should not lie, but you also don't have to be too specific. As long as you write something in that field, you won't get an RFE for it.

The chance that somebody is coming to look for your parents and your brother based on you mentioning that they live in the USA is pretty close to zero, by the way. It will help them, however, should you become a US citizen in 3-and-then-some years and can petition for your parents as immediate relatives. For that reason, your parents should avoid leaving the US.

I started filling out the forms and saw I have to list the full address of my residency for the past 5 years anyway. Two of those years are with my parents (same city and state), will they not make the connection naturally?

If/when they make the connection, they'll know the exact address of my parents.

Has anyone filed for AOS when his/her parents are still in the country and out of status? I would love to hear from someone who went through this...

Thanks for all the responses!

[JimVaPhuong 4,863]

I started filling out the forms and saw I have to list the full address of my residency for the past 5 years anyway. Two of those years are with my parents (same city and state), will they not make the connection naturally?

If/when they make the connection, they'll know the exact address of my parents.

Has anyone filed for AOS when his/her parents are still in the country and out of status? I would love to hear from someone who went through this...

Thanks for all the responses!

Your parents and brother are at risk of deportation regardless of what you do. USCIS already knows when your family entered the US, and when their status expired. Unless they are living completely "off the grid", then there's a good chance USCIS already knows where they are, or could find out relatively quickly. Neither USCIS nor ICE waste a lot of calories hunting down people who have overstayed their visas or are otherwise in the US without lawful presence. There are simply too many of them. You and your family are small records in a very large database of people known to be in the US without lawful presence.

USCIS and ICE focus mainly on dangerous criminals and low hanging fruit. By the latter, I mean that they will take advantage of an opportunity if it presents itself, such as if they happen to go through an immigration checkpoint, or they happen to be on the premises when a raid is conducted of an employer, etc. They may also send ICE officers to a home if it happens to be connected to an open case file, which is where your risk would come from.

If you wish to adjust status then you must submit the required documentation, and it must be complete and accurate. It's possible that USCIS will connect the dots, and figure out where your parents live. It's also quite possible they'll ask about your parents at the green card interview. You can't lie to them, and nobody here is going to recommend that you do. What you're asking for is advice on how to legalize your own status while protecting your parents and brother. I honestly don't know if this is 100% possible. Even if I did, it would be against the terms of use of this site for me to advise you how to do it, and it might possibly even be illegal.

That said, because of what I said in the preceding paragraphs, I believe the risk to your parents is low.

[rika60607 215]

Is it possible for your parents to move?

That way you will be able to state your former address truthfully and they would not be found at that address?

Yet, I do not understand how your parents overstayed their visas in the US. If they were H1Bs, they are specialists, and now I imagine they can only get by by low skilled cash employment...

[Fritz6333 0]

While preparing my forms, I read in an immigration book (one published by NOLO, can't remember the exact name) that very rarely does USCIS act on things they find in forms. Like some people said above, they are not very proactive in looking for overstays, but will act if they an opportunity presents itself.

Instead of seeking a lawyer that you have to pay right away, check your city's resources. Most cities have an "immigrant resource center/welcome center" where you can get some free advice. They might be able to tell you what the risks are, or refer you to someone who can. Check out libraries for books on immigration and see if they have anything that addresses a similar situation.

And I know you've heard this a lot already, but DO NOT LIE about anything on the forms. I know it must be hard. You have an opportunity to legalize your stay but might jeopardize your loved ones. It's impossible to protect your parents fully, but at least you can take some steps to get informed before you decide to do anything.