illegal immigrant dilemma

[jrodriguez 1]

i have a family member that is legally here in the u.s. but has 2 children that were born here legally. recently her husband was arrested and is likely getting deported. i would like to know what our options are as far as keeping her and the kids in the u.s. is there a way for us to file for her permanent resident card? she does have a mother in law, a step son (over 21) and brothers here legally in the states if that helps. any help or suggestions are appreciated. thanks in advance

[LIFE'SJOURNEY 970]

According to your post you have stated that evryone is her legally, so I don't understand the question? Is anyone a USC?

[jrodriguez 1]

she is here illegally, but her older son is a citizen, her mother-in-law, and siblings are residents. but she does have 2 younger kids that were born here in the states

[LIFE'SJOURNEY 970]

she is here illegally, but her older son is a citizen, her mother-in-law, and siblings are residents. but she does have 2 younger kids that were born here in the states

How old is the eldest son, and isn't he a step-son. The MIL, and her children can't help her. Her siblings can't petition for her neither.

Is the husband a LPR?

Edited May 3, 2011 by LIFE'SJOURNEY

[jrodriguez 1]

How old is the eldest son, and isn't he a step-son. The MIL, and her children can't help her. Her siblings can't petition for her neither.

Is the husband a LPR?

your correct the step son is 25ish i believe and the husband is not lpr

[LIFE'SJOURNEY 970]

your correct the step son is 25ish i believe and the husband is not lpr

There is no one who can help her to obtain a CG thru the family petition. Her USC children will have to be 21, and it looks as if the husband never establish a GC status. The 25 year old step-son would be a long shot, since the father was never a LPR durning the marriage.

[^KK^ 3]

I don't there are any options.

[Brother Hesekiel 2,236]

If your family member is legally in the US, and the children are US citizens, they can remain in the US. If the father is illegally in the US and will be deported, it will have no effect on her or the children. They can stay with their mother here, as long as she is a resident.

[lakambini 1]

I don't there are any options.

hi jrodriguez,

you mentioned she has a us citizen stepson over 25 vrs. old. Is this the son of her husband? then i'm just wondering why he did not file a petition for his father and her(stepmom) since he can do it to make them legal in the US.

Edited May 3, 2011 by lakambini

[LIFE'SJOURNEY 970]

If your family member is legally in the US, and the children are US citizens, they can remain in the US. If the father is illegally in the US and will be deported, it will have no effect on her or the children. They can stay with their mother here, as long as she is a resident.

Bob she reclarified her family member is illegal, not legally.

hi jrodriguez,

you mentioned she has a us citizen stepson over 25 vrs. old. Is this the son of her husband? then i'm just wondering why he did not file a petition for his father and her(stepmom) since he can do it to make them legal in the US.

Too late now since the Father is being deported.

[Brother Hesekiel 2,236]

My bad. So . . . father illegal, now deported. Mother illegal, but with the US children?

Well, if the mother gets lucky, nobody will knock on her door and life goes on as she knows it, sans her husband. If the mother is being detained at some point, Child Protective Services would take care of the children until a decision has been made. US citizens cannot be deported, but the parent or parents who have custody have the right to decide where to take their children. So if the mother were to face deportation as well, she could decide to take the children with her to her home country. Once the children are 18 years old, they are adults in the eyes of Uncle Sam, and they could return to the US. At age 21 they could petition for their parent or parents.

[Harsh_77 718]

Yep as Bob said - if she is pulled up she will be deported and her children either go to protective services or one of the family member step up to take care of them.

There is no legal way for her to be here.

[jrodriguez 1]

actually i have been looking into it,and she was married before her stepson was 18 he can legally file for her as a parent with a i-130, then after a visa number is assigned we can file for her aos with a i-485.

_{Green Card for a Family Member of a U.S. Citizen}

_{"U.S. citizens who want their relatives to immigrate to the United States can file a Form I-130, Petition for Alien Relative, for their spouse, children and if the U.S. citizen is at least 21 years old, their parents and brothers or sisters.}

_{“Immediate relatives” of a U.S. citizen, defined as one’s spouse, unmarried children under the age of 21, and parents, always have a visa number immediately available and are discussed in the “Green Card for an Immediate Relative of a U.S. Citizen” link to the left.}

_{If your relationship does not qualify you as an immediate relative of a U.S. citizen, then you may be in what is called a “family preference category.” Eligible relatives include:}

_{Unmarried sons or daughters over the age of 21}

_{Married child(ren) of any age}

_{Brothers and sisters (if the U.S. citizen petitioner is over the age of 21)"}

_{Congress has limited the number of relatives who may immigrate under these categories each year so there is usually a waiting period before an immigrant visa number becomes available.}

_{This page discusses the steps required to get a green card (permanent residence) for relatives of a U.S. citizen in a preference category.}

_{Get a Green Card While Inside the United States}

_{If you are currently in the United States and are one of the specified categories of relatives of a U.S. citizen in a preference category, you may be able to become a permanent resident in two steps.}

_{Step One – Your U.S. citizen family member (sponsor) must file the Form I-130, Petition for Alien Relative, for you and it must be approved. You must wait for your priority date in your immigrant visa category to become current. Your priority date is the date when the Form I-130 is properly filed (with correct fee and signature) on your behalf by your U.S. citizen relative. For more information on priority dates, see the “Visa Availability & Priority Dates” link to the left under “Green Card Processes & Procedures.”}

_{Step Two – Once the priority date in your visa category is current, you may file for Adjustment of Status with Form I-485, Application to Register Permanent Residence or Adjust Status. Adjustment of Status is the process you go through to become a Permanent Resident. For more information, see the “Adjustment of Status” link to the left under “Green Card Processes & Procedures.”}

[NigeriaorBust 4,087]

The problem with the stepson filing is that she is apparently here without inspection which means she can never adjust status in country. Overstay is forgiving in certain instances but there has to be an entry inspection for that to work.

[JimVaPhuong 4,863]

actually i have been looking into it,and she was married before her stepson was 18 he can legally file for her as a parent with a i-130, then after a visa number is assigned we can file for her aos with a i-485.

First question is how did the parents enter the US? If they entered without inspection (e.g., they entered illegally) then there are very few ways they could adjust status. VAWA, asylum, or 245(i) are about the only ways I can think of. A petition from the 25 year old son/stepson wouldn't work. Unlawful presence can be forgiven. Illegal entry can't.

Second question is why hasn't the 25 year old son petitioned for his dad?