Urgent Advice Needed to help file GC for Mom-Please

[kams 0]

In 2005 my mother applied for the LULAC Amnesty class action given to the last group of President Reagan Amnesty. She was given her Temporal Working Permit, so she got her SSN, her State ID and her Alien # and worked for a private family so no tracing of job record. But filed or her tax. When it was time for her Main interview in 2005 for her Green Card, she withdrew because she did not get all the 3 " affidavit of knowledge of her stay in the US before 1986" to sign on her behalf and secondly she realise the law office was leading her to lie to benefit for the Reagan Amnesty Green Card even though she was not in the USA before 1986 which was part of the condition, so to avoid trouble and due to her own fears, she honestly withdrew by filing a withdrawal form at the immigration office in 2005, and had since 2005 been paying and filing her tax up to date.

I am her son and now i am a US citizen living in Wisconsin but my sweet Mom lives in New Jersey, all her documents show New Jersey address.

Question 1. If i want to file for her Green Card should i file for her in New Jersey and go there during interview or file for her here in Wisconsin for her to come here at the interview time?

Question 2. It is ok she will say she did not work after her temporal job permit expired in 2006 but she has been paying tax from money she got from me, family and her church?

Question 3. She has been getting her yearly Social Security report, is there going to be any issue with Health Insurance since her age is 68 or should i buy her temporal Health Insurance for the filing and please what are all the forms i need to file for her GC?

Any advice and Strategy on how to file for her GC please.

Thanks.

[JimVaPhuong 4,863]

Why did she originally apply under the LULAC/Newman class? Did she enter the US with inspection? Did she leave the US at any time after having accumulated more than 180 days of overstay?

Withdrawing her application if she was ineligible was a wise decision. If she had proceeded then those smart a$$ lawyers wouldn't have been the ones who would have been deported and barred for life for material misrepresentation.

Assuming she entered with inspection (with a visa, etc), and she hasn't left the US since she originally entered, then she can probably adjust status. Working without authorization is not a factor when adjudicating the adjustment of status of an immediate relative of US citizen. however, lying about working without authorization could result in her AOS being denied. She shouldn't lie about anything to the US government. Ever.

You don't file for her adjustment of status locally. You can file both her I-130 and I-485 concurrently at the Chicago lockbox facility. The address is in the form instructions. I don't believe that you will be required to attend her interview, but I'm honestly not sure about that.

If she has accumulated 40 quarters (10 years) of work credit through Social Security then she should be eligible for Medicare. Her Social Security statement will indicate whether she's accumulated enough credit for benefits.

Read the relevant VJ guides for information on which forms to file. Click the "Guides" link at the top of the page. There's a separate section for petitioning for your parents.

[kams 0]

Jim, thanks so much for this guide, am so gratefull for your points. Yes my mom came here with B1/B2 tourist visa in 2003 and she did not return so she over stayed. She applied to LULAC in 2005 based on what the law office told them it was possible, until in the middle of the processing, the law office doors closed and their phone lines shut after receiving fees from the numerous clients, the law office strategically did their marketing closer to the deadline of LULAC/Newman filing date so as to get a rush of clients and their money quickly and then closed the office. Right now her social security points is 20 credits so i want to know what to do regarding Health insurance or this will not matter? I don't know either about if i will be asked to be at her interview , that is why i dont know if i should use my Wisconsin address or her New Jersey address?

Edited February 20, 2012 by kams

[JimVaPhuong 4,863]

Jim, thanks so much for this guide, am so gratefull for your points. Yes my mom came here with B1/B2 tourist visa in 2003 and she did not return so she over stayed. She applied to LULAC in 2005 based on what the law office told them it was possible, until in the middle of the processing, the law office doors closed and their phone lines shut after receiving fees from the numerous clients, the law office strategically did their marketing closer to the deadline of LULAC/Newman filing date so as to get a rush of clients and their money quickly and then closed the office. Right now her social security points is 20 credits so i want to know what to do regarding Health insurance or this will not matter? I don't know either about if i will be asked to be at her interview , that is why i dont know if i should use my Wisconsin address or her New Jersey address?

She was two decades too late to qualify for amnesty under the LULAC class action case. People are too trusting of attorneys. Unfortunately, some attorneys are too willing to take advantage of that good will. An educated client never gets ripped off by a dishonest attorney. Never hire an attorney unless you're willing to be an educated client.

20 credits is not nearly enough to qualify for either Medicare or Social Security retirement benefits. She can still get Medicare once she becomes a permanent resident, but she'll need to pay the premiums. I cannot say whether or not medical insurance will be an issue. USCIS has made a big deal out of it with some sponsors, and never even mentioned it with other sponsors. If she's ever collected any means tested public benefits in the US then that will probably increase the odds substantially that it will be an issue in your case. I can't really be any more specific because I simply don't know of many similar cases. The question of insurance for an elderly immigrant comes up occasionally, but the people who ask the questions don't often come back and tell us what happened.

There's no issue whether to use your address or hers. You must give your current address and she must give hers. Thereafter, you must BOTH keep USCIS informed of your current addresses. A permanent resident is required to notify USCIS if they move using form AR-11. A sponsor who signs an affidavit of support is required to keep USCIS informed if they move using form I-865. Since there is a statutory requirement for you BOTH to keep USCIS informed of your current address, you don't want to start off by lying about where either one of you is living.

You sign the I-130 petition and the I-864 affidavit of support. However, she signs the I-485 application to adjust status. Thereafter, it is HER application to adjust status, and not YOUR petition that determines where everything will be done. Biometrics will be collected at the USCIS Application Support Center that serves the area where she lives. Likewise, the adjustment of status interview will take place at the USCIS field office that serves the same area.

[kams 0]

Thanks so much JIM for the counsel, God richly bless you. My mother never solicited or utilised anything from the system so for that there is no negative issue. Thank God that i am here to intervene on her behalf and to put it right is the reason why i am seeking advice before i file. Now am comfortable to proceed after you made some points clearer to me. Once again thank you very much.

[Boiler 45,698]

I thought she had to be a LPR for 5 years before she could buy in to Medicare.

So she would be in her mid 70's by then.

[JimVaPhuong 4,863]

I thought she had to be a LPR for 5 years before she could buy in to Medicare.

So she would be in her mid 70's by then.

That's correct. And she'll need to pay the premiums to get it.