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BoyanZS

I-130 for overstaying parent

By BoyanZS in Adjustment of Status from Work, Student, & Tourist Visas

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BoyanZS Rookie

BoyanZS   0

Posted
Filed: Citizen (apr) Country: Bulgaria
 Timeline
Posted (edited)

Hi All,

I am a permanent resident with a pending N-400. I have passed successfully my citizenship and history test on June 14, 2011 and I am currently waiting for my Oath Ceremony to be conducted (possibly any moment, but not sure when exactly).

My parents are here on an extended summer vacation. They arrived on April 17th and can legally stay until Oct 16th (according to their I-94 forms).

My father will be returning back to Bulgaria as planned. My mother, however, would like to remain in the US as a resident. My wife and I have the necessary income to file her Affidavit of Support and intent to go ahead and file a I-130 once I am sworn in.

Our worries are that I may not be sworn in before the expiration of my mother's I-94. I have consulted myself with an immigration layer who seems to think overstaying would not be a big issue for USCIS since once I am sworn in my mom would be an immediate relative to a USC.

Does anybody have similar experiences or knows of anybody that has overstayed and then successfully adjusted their status in the same way?

Also, I would appreciate any advise on how I can speed up my naturalization ceremony. I am about to pass the 90th day since my interview without an invitation for a ceremony. I have made an InfoPass appointment for the 19th of this month, but I am not sure what to say to them when I get there.

All sensible advice would be highly appreciated.

Thank you

Edited by BoyanZS
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Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

Sure, once you have become a U.S. citizen, your mom will be the immediate relative of one and thus unlawful presence will not be made an issue of.

If you had your interview on June 14 and have not heard from the USCIS since, something is wrong. Check the online system first on what your status is:

https://egov.uscis.gov/

Here are the actual Oath dates for the Greater Los Angeles area:

http://www.cacd.uscourts.gov/CACD/GenInfo.nsf/5f050bfbacb399fd882567c8005ad845/4e345f626837d38788256815005aa932?OpenDocument

L.A. processes sometimes over 19,000 N-400 patients per month, so waiting time should not be longer than 1 month, maximal 2.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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