Peculiar question ref Mother who is illegal

[cdneh 3,112]

I have an odd question, which I am asking for a friend. Her daughter in law is a citizen as of last year. Been here her most of her life, raised by her Aunt, and she had a permanent green card. I am unclear as to what that is exactly. None the less she is now a citizen.

This girl is being pressured, by other relatives, to sponsor her mother, whom she has not seen or had anything to do with in excess of 30 years. This 'mother' is apparently illegally present in the USA, and has been so for years it would seem. She has an extensive drug history, with jail time, and in more than one country.

They have insisted that the girl sign paperwork by way of an affidavit of support. That will make her accountable if the 'mother' should become a public charge.

What I need to find out, is it even possible this person would be considered for citizenship? Given her history and all, is she not inadmissible?

My friend is worried that the girl, her daughter in law, is signing up for more than she understands.

I have absolutely no understanding of this kind of thing, I am a simple K1 now doing ROC, but the entire thing seems shady to me. Any advice would be greatly appreciated.

[Penguin_ie 5,993]

Is the mother currently in the USA? Did she enter legally all those years ago?

Citizenship is some way off, but if the mom entered legally and simply overstayed for years, there is a chance she could AOS through the daughter. However, depending on the severity of the convictions related to the drug history, it seems unlikely it would be approved.

If the mother is outside the USA now, she would need a waiver for her overstay and the possible illegal entry. She is unlikely to get the visa due to drug history, especially if anything is recent.

If the daughter doesn't want to do it, she could simply withdraw the Affidavit of Support, no need to tell the relatives she did so.

[cdneh 3,112]

She is apparently here in the USA, but I am unsure exactly how she arrived here, and on what basis. I have a feeling it isn't legal somehow. She arrived here from the UK.

The daughter so far has not signed a thing. I think it's just worrying my friend that this is happening at all, that the family are trying to get her to do this. Seems peculiar to me that the mother may get her way, only because of an accident of birth. The young girl hasn't a thing to do with her and hasn't for years.

We are hoping that the drug history and jail time would preclude this going anywhere.

[GnBnL 50]

Oh my! that's a difficult situation. I hope she doesn't get roped into doing it, and if she does, like was said, she has an overstay and a drug history, so doesn't exactly bode well.

[cdneh 3,112]

It's tricky one for sure, and I had no idea what to tell her. I did tell her I knew where to find out though

[NigeriaorBust 4,087]

Multiple drug offenses means she can't get approved and shuold be done already unless she is falsely claiming to be a USC, there is no hardship waiver because that is only for the SPOUSE or PARENT of the applicant not the child. Even if she does sign the mother won't be approved and when she shows up for the interview in whatever country she will have a lifetime ban for the multiple drug offenses.

[Boiler 45,501]

She probably entered on a visa is she is from the UK.

So theoretically she could adjust.

One way around this would be to file for adjustment, she shows up, taken into custody and deported.

Make sure Mother pays for application, win win.

[cdneh 3,112]

She probably entered on a visa is she is from the UK.

So theoretically she could adjust.

One way around this would be to file for adjustment, she shows up, taken into custody and deported.

Make sure Mother pays for application, win win.

She entered from the UK. She is not from there. She was in jail there though.

[Boiler 45,501]

She entered from the UK. She is not from there. She was in jail there though.

Give us a clue, what is her nationality.

[cdneh 3,112]

Give us a clue, what is her nationality.

It's unclear to me, although the daughter says she was born in Jamaica. The mother might have been from there, but I don't know.I'll try and find out next time she rings. I also want to know how the heck she got in at all, given her history.

[JimVaPhuong 4,863]

If she's served time for drug offenses then she's inadmissible. There's an exception for a single offense involving simple possession of less than 30 grams of marijuana, presuming some other criteria are met. It doesn't sound like that would apply in this case since you've indicated there's been multiple convictions. It doesn't matter what country the convictions were in. However, if those convictions took place before she came to the US then she was inadmissible when she arrived. If she was admitted in spite of the convictions then she didn't divulge that information, and INS apparently didn't find out about them. Presumably, USCIS has better technology for sniffing out this sort of stuff then their predecessor agency did, but I wouldn't rely entirely on their ability to uncover this, and it sounds like she's certainly not going to offer it up to them. On the other hand, if she walked across the southern border then she's not eligible to adjust status regardless.

I've had close friends whose lives were wrecked by drugs. I've watched them go down in flames. Friends and family who try to help them usually end up going down with them. There's no way I'd sign an affidavit of support for someone with a history of drug abuse, but this is a personal decision she needs to make for herself.

BTW, INS issued green cards that never expired up until 1989. That's when they started issuing 10 year green cards. DHS proposed a rule in 2007 that would have required someone with an old "permanent green card" to apply for and receive a newer 10 year card, but that rule has still not been put into effect, and DHS has had it on the "long term agenda" since 2009. Your friend probably got her original green card before 1989, so that's why she refers to it as a "permanent green card".

[Boiler 45,501]

She would still need to provide police certificates for her previous residences.

[cdneh 3,112]

She would still need to provide police certificates for her previous residences.

And that would be difficult given her past. Thanks all, I have passed on what you've said to her. The daughter isn't interested in supporting someone she cannot even remember, even if other family members are asking her to. I am hoping for both their sakes the matter is dropped.