Mom in the US wants to stay!

[haruko83 1]

Hi,

I am a Green Card holder. My mom came to visit me and my aunt (USC). She came with no intention of staying.

After certain things that had happened back home, she would prefer to stay in the US.

So the options are:

1) Go back to Chile, wait until I become a USC and petition her.

2) My aunt can petition her after she goes back to Chile.

3) She stays in the US (overstaying her visa eventually).

In case #3, will I or my aunt be able to petition her? Even if she is in the country illegally?

We know she didn't come with that intention, but how to prove this?

I anybody can shed some light would be great.

Thanks

[Jojo92122 1,924]

Hi,

I am a Green Card holder. My mom came to visit me and my aunt (USC). She came with no intention of staying.

After certain things that had happened back home, she would prefer to stay in the US.

So the options are:

1) Go back to Chile, wait until I become a USC and petition her.

2) My aunt can petition her after she goes back to Chile.

3) She stays in the US (overstaying her visa eventually).

In case #3, will I or my aunt be able to petition her? Even if she is in the country illegally?

We know she didn't come with that intention, but how to prove this?

I anybody can shed some light would be great.

Thanks

IMHO, Option 1 is the best. Below is my take on your options.

Option 1:

This is the safest route. Your mother will not overstay her visa and become an illegal alien that is deportable. It takes about 6-12 months for you to petition for her after you become a US citizen.

Option 2:

This is the long route. It takes 10-11 years for a US citizen to petition for a brother or sister.

Option 3:

This can be complex and not without risk. If your mother overstays her visa, she becomes an illegal alien. This means she can't legally work. She can be deported. These are very bad risks for her.

A person who enters the US with inspection and overstay his/her visa can only adjust status to a legal permanent resident if the person is an Immediate Relative of a US citizen petitioner. An Immediate Relative is a spouse, an unmarried child under age 21, or a parent.

Your mother is not an Immediate Relative of your aunt as defined by the immigration laws. A petition by your aunt can not help your mother become legal.

Your mother is an Immediate Relative of yours. Once you become a US citizen, you can file for your mother and she can adjust her status to a legal permanent resident. Her unlawful presence (i.e., illegal overstay) will be forgiven.

Edited March 26, 2011 by Jojo92122

[haruko83 1]

Thank you! I totally agree with you