Help Overstayed B1/B2

[Mama's Girl 0]

Hi, as you can see, I'm processing my K-1 visa petition now. Soon, I'd be having my wedding in the US. My mom is already in the US. She legally entered the US via a 10-year B1/B2 visa valid until 2013. She overstayed her last entry since 2005.

My mother overstayed in the US because she got lured into a very bad "deal" of someone to sponsor for her. She even paid an ample amount for it but after months, no results, employer gone, overstayed. Now she has been living her life constantly afraid that she could get into trouble. She pays taxes via I-TIN.

Here are my questions:

1.) My fiance and I answered the forms honestly about the location of my mother and her status. We've put her state and visiting visa. Will the government actively search for her knowing that she could attend my wedding (they have the address of the wedding venue)? Like would they show up in the wedding and arrest her?

2.) My interview is coming up soon. Will this in anyway affect it?

3.) Do you have any suggestions regarding her situation? I wouldn't like my Mom to be deported or my k-1 application to be jeopardized (since it's the real deal)

Help? Thank you very much!

Edited August 21, 2011 by Mama's Girl

[CC90 90]

1.) My fiance and I answered the forms honestly about the location of my mother and her status. We've put her state and visiting visa. Will the government actively search for her knowing that she could attend my wedding (they have the address of the wedding venue)? Like would they show up in the wedding and arrest her?

Unless she's wanted for some type of crime, that's very unlikely.

2.) My interview is coming up soon. Will this in anyway affect it?

For a K-1, probably not.

3.) Do you have any suggestions regarding her situation? I wouldn't like my Mom to be deported or my k-1 application to be jeopardized (since it's the real deal)

Once you adjust status and then naturalize in a few years, you can file a I-130 IR-5 petition for her to adjust status. She is currently subject to removal/deportation until that time, however. If she leaves or otherwise is removed, she'll trigger a 10-year statutory bar regardless of any I-130s, I-140s, etc. filed for her.

[Brother Hesekiel 2,236]

There are an estimated 11,000,000 illegal aliens in the U.S., plus a few millions of people who entered legally but overstayed. Unless your mom is getting arrested for a crime, nobody will look for her.

[Mama's Girl 0]

Thank you very much for the response.

Thankfully, clean record aside from overstaying. So, I guess she has to live low profile until I can petition for her.

Good luck to everyone!

[dekedwin 52]

A younger middle aged lady in our area was adopted from Mexico as an infant. She along with her adopting parents thought she was a U.S. citizen, due to their not knowing the rules, until she stole a purse to get the perscription medication in the purse. I don't know if she was addicted to it, or what the reason for that action was. She had a husband and two school age sons. She served her time for stealing the purse, and then as she was being released from jail the immigration people were there to take her away, without anyone knowing what was happening. She was in detention for deportation in Tacoma for 2 years. She had not been to Mexico since she was an infant, so she had no history there at all and could not speak a word of the language. Because of the way it happened, it seemed cruel to deport her to a place where she knew no one, and couldn't speak the language. A lawyer worked hard for her, and there was just in our last local newspaper an article telling that she was released to return to her family after being gone for more than 2 years. Her lawyer is working on some kind of a visa for her so that she can legally stay with her husband and children. She was also told to be very careful not to break any more laws. This woman, nor any of her family realized that she was illegal. Any one who is in the country without authorization needs to be extremely careful not to break any laws because the immigration people will apprehend that person who breaks the law, and they don't have a lot of sympathy for unfortunate circumstances as these unfortunate people learned the hard way. After more than 2 years it seems that there is going to be a happy ending though, for which we are all thankful. Everyone living in our area has been very sad about this case for this poor lady. I will bet that she wished 100 billion times that she had not stolen that purse. It nearly cost her dearly!