Answer from layer, can help you too

[benabena 0]

My mother is 78 years old and she came here in summer 2008 for 6 months.

We filled the i-539 in October 2008. We asked till December 2009.

She should have left in December 2008. She actually left in September 2009 (her passport was expiring).

We filled the i-130 in March 2009.

She had her final interview for immigrating in April 2001.

Visa was refused due to overstay in 2009. Lady told her that the i-539 was denied.

The denial of i-539 is showing in their computer on February 200 but we never got it; no letter, no phone, no email. We checked the case status on line all the time and is still under initial review. And is 2011.

I found out that the I-539 was denied on February 2009.

That was not her first visit and she always left in time the U.S.

When her visa was refused his is what the embassy gave her as an answer: The only part that pertains to visa application is:"Section 221(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the Immigration and Nationality Act or regulations issued pursuant thereto. The following remarks apply in your case: Need to see I-485 adjustment of status application and any decisions on extension on voluntary departure."

The lady told her at the interview that she overstayed; but the section to be eligible to file for a waiver of the ground(s) of ineligibility is not marked on the answer sheet. The Further consideration box is not marked either.

LAWYER ANSWER: Ok, that was your mistake. you should have not allowed her to leave after you filed the I-130 and you should have just filed the i485 at that time and she could have adjusted her status here in the u.s. the passport expiring was no big deal since she was already in the u.s. she could have waited to get her green card and gotten a new passport at her countries embassy here in the u.s. Also, you couldn't request a one year extension on a visit. The max she could have gotten was 6 months. if you had spoken to an attorney you would have know that she needed to leave by June 2009 even if the I-539 was granted that would have been the maximum time they would have given her. You should have spoken to an immigration attorney before this situation and this could have all been avoided but in any event she has a 3 year bar to re-entering the u.s. since she overstayed more than 180 days. The only way to overcome the bar is with an I-601 waiver and that is why they are telling you to file the form. the problem is she has to show extreme hardship to a u.s. citizen or permanent resident spouse or parent in order to get the waiver and if she has none of those relatives, she cannot get the waiver and will have to sit out 3 years from the date she left. At that time you can reapply for her. I'm sorry this is not good news but it is u.s. immigration law and that is why it is so critical to get the proper guidance from an attorney when dealing with these matters. Hers was a very simple case but now because of the errors made she will have to wait. You failing to get the denial of the I-539 does not excuse her overstay because if you had spoken to an attorney they would have told you to let her leave because the maximum time she would have gotten an extension for would have been to June 2009 and you allowed her to stay until September 2009. At that point she should have not left the u.s. at all and should have stayed because she now has a 3 year bar because of the overstay.

The I485 is for adjustment of status/permanent residence/green card petition when the person is here in the u.s. It is what you should have filed with the I-130 when she was here and should have kept her here until the I485 was approved and she got her green card here. They are asking to see that because if you had filed it for her before her stay expired she would not have been an overstay but you cannot show them because you never filed it. When the person is getting their green card outside the u.s. then you only file the I-130 so since she was here when you filed the I130 you could have filed the I485 and gotten the green card here in the u.s. without letting her leave and face a 3 year bar to re-entry for her overstay. She has no waiver available for her since she has no spouse or parent. You do not qualify her for a waiver so she has to wait 3 years before she can try to come into the u.s

If you file the I-601 it will not do anything because you have to show hardship to a u.s. citizen or permanent resident spouse or parent. Showing hardship to you, her u.s. citizen, child is not an option and does not qualify her for the I-601. The hardship has to be to her qualifying relative if she is not allowed back into the u.s. An adult u.s. citizen child cannot really show much hardship if she is not allowed back in unless she was financially supporting you or taking care of you.

WHAT DO YOU THINK?

IS SHE RIGHT?

TO TRY TO APPLY OR NOT FOR I-601?

Edited April 9, 2011 by benabena

[Sergi9 110]

My mother is 78 years old and she came here in summer 2008 for 6 months.

We filled the i-539 in October 2008. We asked till December 2009.

She should have left in December 2008. She actually left in September 2009 (her passport was expiring).

We filled the i-130 in March 2009.

She had her final interview for immigrating in April 2001.

Visa was refused due to overstay in 2009. Lady told her that the i-539 was denied.

The denial of i-539 is showing in their computer on February 200 but we never got it; no letter, no phone, no email. We checked the case status on line all the time and is still under initial review. And is 2011.

I found out that the I-539 was denied on February 2009.

That was not her first visit and she always left in time the U.S.

When her visa was refused his is what the embassy gave her as an answer: The only part that pertains to visa application is:"Section 221(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the Immigration and Nationality Act or regulations issued pursuant thereto. The following remarks apply in your case: Need to see I-485 adjustment of status application and any decisions on extension on voluntary departure."

The lady told her at the interview that she overstayed; but the section to be eligible to file for a waiver of the ground(s) of ineligibility is not marked on the answer sheet. The Further consideration box is not marked either.

LAWYER ANSWER: Ok, that was your mistake. you should have not allowed her to leave after you filed the I-130 and you should have just filed the i485 at that time and she could have adjusted her status here in the u.s. the passport expiring was no big deal since she was already in the u.s. she could have waited to get her green card and gotten a new passport at her countries embassy here in the u.s. Also, you couldn't request a one year extension on a visit. The max she could have gotten was 6 months. if you had spoken to an attorney you would have know that she needed to leave by June 2009 even if the I-539 was granted that would have been the maximum time they would have given her. You should have spoken to an immigration attorney before this situation and this could have all been avoided but in any event she has a 3 year bar to re-entering the u.s. since she overstayed more than 180 days. The only way to overcome the bar is with an I-601 waiver and that is why they are telling you to file the form. the problem is she has to show extreme hardship to a u.s. citizen or permanent resident spouse or parent in order to get the waiver and if she has none of those relatives, she cannot get the waiver and will have to sit out 3 years from the date she left. At that time you can reapply for her. I'm sorry this is not good news but it is u.s. immigration law and that is why it is so critical to get the proper guidance from an attorney when dealing with these matters. Hers was a very simple case but now because of the errors made she will have to wait. You failing to get the denial of the I-539 does not excuse her overstay because if you had spoken to an attorney they would have told you to let her leave because the maximum time she would have gotten an extension for would have been to June 2009 and you allowed her to stay until September 2009. At that point she should have not left the u.s. at all and should have stayed because she now has a 3 year bar because of the overstay.

The I485 is for adjustment of status/permanent residence/green card petition when the person is here in the u.s. It is what you should have filed with the I-130 when she was here and should have kept her here until the I485 was approved and she got her green card here. They are asking to see that because if you had filed it for her before her stay expired she would not have been an overstay but you cannot show them because you never filed it. When the person is getting their green card outside the u.s. then you only file the I-130 so since she was here when you filed the I130 you could have filed the I485 and gotten the green card here in the u.s. without letting her leave and face a 3 year bar to re-entry for her overstay. She has no waiver available for her since she has no spouse or parent. You do not qualify her for a waiver so she has to wait 3 years before she can try to come into the u.s

If you file the I-601 it will not do anything because you have to show hardship to a u.s. citizen or permanent resident spouse or parent. Showing hardship to you, her u.s. citizen, child is not an option and does not qualify her for the I-601. The hardship has to be to her qualifying relative if she is not allowed back into the u.s. An adult u.s. citizen child cannot really show much hardship if she is not allowed back in unless she was financially supporting you or taking care of you.

WHAT DO YOU THINK?

IS SHE RIGHT?

TO TRY TO APPLY OR NOT FOR I-601?

Who is the qualifying relative? *for I601

That depends on why the foreign national is inadmissible!

IF the ground of inadmissibility is for prior unlawful presence or misprepresentation, THEN the qualifying relative is a US Citizen

or Lawful Permanent Resident spouse or parent.

IF the ground of inadmissibility is for prior criminal history, THEN the qualifying relative is a US citizen or lawful permanent resident spouse, parent, or child.

BUT REMEMBER FIANCÉES/FIANCÉS! A US Citizen fiancée/fiancé is a qualifying relative too! (See 9 FAM 41.81 N9.3(a) and 8 CFR 212.7(a)(1)(i).

You don't mention if your dad is alive, they are still married or he is a legal permanent resident or citizen. If so he can file I601.

Given her age you should ask for humanitarian parole instead of I601 if she doesn't qualify.

[benabena 0]

Who is the qualifying relative? *for I601

That depends on why the foreign national is inadmissible!

IF the ground of inadmissibility is for prior unlawful presence or misprepresentation, THEN the qualifying relative is a US Citizen

or Lawful Permanent Resident spouse or parent.

IF the ground of inadmissibility is for prior criminal history, THEN the qualifying relative is a US citizen or lawful permanent resident spouse, parent, or child.

BUT REMEMBER FIANCÉES/FIANCÉS! A US Citizen fiancée/fiancé is a qualifying relative too! (See 9 FAM 41.81 N9.3(a) and 8 CFR 212.7(a)(1)(i).

You don't mention if your dad is alive, they are still married or he is a legal permanent resident or citizen. If so he can file I601.

Given her age you should ask for humanitarian parole instead of I601 if she doesn't qualify.

My father is dead. It is for overstay (see up the order of dates). What is humanitarian parole? Can you tell me about it please?

Thank you

[benabena 0]

My father is dead. It is for overstay (see up the order of dates). What is humanitarian parole? Can you tell me about it please?

Thank you

This what I found on Uscis:

Humanitarian parole is used sparingly to bring someone who is otherwise inadmissible into the United States for a temporary period of time due to a compelling emergency.

USCIS may grant parole temporarily:

* To anyone applying for admission into the United States based on urgent humanitarian reasons or if there is a significant public benefit

* For a period of time that corresponds with the length of the emergency or humanitarian situation

Parolees must depart the United States before the expiration of their parole. You may submit a request for reparole, which must be approved by USCIS. Parole does not grant any immigration benefits.

Requirements for Parole

* Anyone can file an application for humanitarian parole.

* You may file an application for parole if you cannot obtain the necessary admission documents from the Department of State

* You cannot use parole to avoid normal visa-issuing procedures or to bypass immigration procedures. As noted above, there must be an urgent humanitarian reason or significant public benefit for the parole to be granted

* To see if you can obtain the necessary admission documents from the Department of State, see the “Department of State Visa Information” on the right

Filing for Parole

To file for parole you must:

* Complete a Form I-131, Application for Travel Document, and Include the filing fee for each parole applicant

* Complete a Form I-134, Affidavit of Support, for each applicant in order to demonstrate that you will not become a public charge

* Include detailed explanation and evidence of your circumstances

CAN COMPELLING EMERGENCY BE HER AGE, THAT SHE IS VERY OLD AND WE DON'T KNOW HOW MUCH SHE WILL LIVE?

IF SHE GETS THIS, CAN I PUT HER I-130 HERE AGAIN?

DO YOU OF ANY OTHER PEOPLE THAT TRIED THIS? HOW WAS IT?

[benabena 0]

My father is dead. It is for overstay (see up the order of dates). What is humanitarian parole? Can you tell me about it please?

Thank you

CAN COMPELLING EMERGENCY BE HER AGE, THAT SHE IS VERY OLD AND WE DON'T KNOW HOW MUCH SHE WILL LIVE?

IF SHE GETS THIS HUMANITARIAN PAROLE, CAN I PUT HER I-130 HERE AGAIN? THIS PAROLE IS FOR NO LONGER THAN YEAR,FOR HER AGE WOULD BE POSSIBLE TO BE INDEFINITELY? WHAT DO YOU THINK?

DO YOU OF ANY OTHER PEOPLE THAT TRIED THIS? HOW WAS IT?

[Sergi9 110]

CAN COMPELLING EMERGENCY BE HER AGE, THAT SHE IS VERY OLD AND WE DON'T KNOW HOW MUCH SHE WILL LIVE?

IF SHE GETS THIS HUMANITARIAN PAROLE, CAN I PUT HER I-130 HERE AGAIN? THIS PAROLE IS FOR NO LONGER THAN YEAR,FOR HER AGE WOULD BE POSSIBLE TO BE INDEFINITELY? WHAT DO YOU THINK?

DO YOU OF ANY OTHER PEOPLE THAT TRIED THIS? HOW WAS IT?

If she has issues of health or depends on you for economic sustenance, it might be worth a try. Once in the US you can ask to extend it. Based on the overstay it might be more difficult for you. No I don't think you can apply to adjust status once in the US on Parole. Ask your attorney that question for better answer.

[Penguin_ie 5,996]

I don't think humanitarian parole is going to work- that is if there is an emergency inside the USA (say, a child in the ICU or a sister on the deathbed).

[benabena 0]

I am desperate for my mom to live with me because my sister and her daughter have the immigration papers from 2004 (I-130). When they will get a visa,my mother has to be here. She can not stay completely alone at almost 80 yeas old in that country. She will die within the year, the hospitals don't have even the basics. My sister will have to give up coming here or my niece will have to stay with my mom and then my sister to put I-130 for my niece (her daughter). WE CAN NOT LET OUR MOM TO DIE ALONE OVER THERE.

THAT IS WHY I AM OPEN TO ANYTHING THAT I CAN TRY.

Edited April 10, 2011 by benabena

[NigeriaorBust 4,087]

Have you gotten the resources to cover the medical insurance she will need. If you are going to ultimately be denied for lack of medical ( 30000 or more a year ) I would suggest you don't throw money away on a petition that will end up being denied. The ban is 3 years. That is a small amount of time in the grand scheme of things. If you are already a citizen you could travel there once your sister arrives. You may have to take turns out of country. Your sister is probably a year away from a visa so that is 1/3 the time to start.

[benabena 0]

Have you gotten the resources to cover the medical insurance she will need. If you are going to ultimately be denied for lack of medical ( 30000 or more a year ) I would suggest you don't throw money away on a petition that will end up being denied. The ban is 3 years. That is a small amount of time in the grand scheme of things. If you are already a citizen you could travel there once your sister arrives. You may have to take turns out of country. Your sister is probably a year away from a visa so that is 1/3 the time to start.

I think I am gonna try with the i-601 because I will feel guilty not to and will eat me alive. If is refused I will wait the 3 years, there is nothing more I can do. What I am afraid is what if they will refuse her visitor visa every time?

[NigeriaorBust 4,087]

She is banned, that means no visa of any type for 3 years. No visitors visa no immigrant visa.

[benabena 0]

She is banned, that means no visa of any type for 3 years. No visitors visa no immigrant visa.

If the i-601 is approved and her overstay is recognized as legal she has 1 year to return to embassy to show them the decision because this was the reason she was refused. I think

[NigeriaorBust 4,087]

Even if it is approved and you have an immigrant visa in the works she would still have to show strong ties to the home country and non immigrant intent which would be nearly impossible. I know 3 years seems like forever but it isn't

[benabena 0]

Even if it is approved and you have an immigrant visa in the works she would still have to show strong ties to the home country and non immigrant intent which would be nearly impossible. I know 3 years seems like forever but it isn't

Thank you, I appreciate your answers

[benabena 0]

Thank you, I appreciate your answers

When is the 3 years ban starts? At the time of denial of i-539 or the time of departure?

Who has to file the g-639 to get a copy of denial? My mom (she is the applicant for the i-539 and i-130) or me (petitioner of i-130)?

thank you guys