Petitioning mother

[jade_arb 3]

I want to petition my mom. However, I didn't work last year or in 2010. I was pregnant and then I stayed home with my infant son. So I have no income at all, my husband and i have filed taxes " married jointly", now the other thing is that my mom has overstayed since 2003, she will be adjusting her "out of status" status..

what are the odds that she will be approved?

[NigeriaorBust 4,087]

Did she enter on a valid visa and overstay or did she enter illegally ?

[jade_arb 3]

She entered on a B2 visa and overstayed... I did AOS from a overstayed B2 as well, it was really easy but I have no idea how hard/different would it be from spouse to a parent, or how can she prove that she didn't intended to overstay when she entry the country..

[aaron2020 11,651]

I want to petition my mom. However, I didn't work last year or in 2010. I was pregnant and then I stayed home with my infant son. So I have no income at all, my husband and i have filed taxes " married jointly", now the other thing is that my mom has overstayed since 2003, she will be adjusting her "out of status" status..

what are the odds that she will be approved?

Zero.

Your mom has accrued more than one year of unlawful presence. This make her inadmissible. Her adjustment will be denied. There is zero chance of approval since she has been unlawfully present in the US since 2003.

There is no waiver that you can file for her after the denial. A parent is not an Immediate Relative that you can file a waiver for. (The spouse of a US citizen does qualify for a waiver, so that is how you ended up with a green card.)

Once your mother decided to violate US immigration laws, she cannot expect the same benefits as a person who does not break the law.

Edited April 21, 2012 by aaron2020

[aleful 1,905]

She entered on a B2 visa and overstayed... I did AOS from a overstayed B2 as well, it was really easy but I have no idea how hard/different would it be from spouse to a parent, or how can she prove that she didn't intended to overstay when she entry the country..

it's the same, probably she won't have any problems, but you never know. just like you, overstay is forgiven for parents of a USC who entered legally. just like spouses, parents are considered immediate family.

you are a USC right, because only USC can petition for parents. Does your husband make enough money for the affidavit of support? if so, you will file the i864 and your husband will file the i864A as co-sponsor.

[jade_arb 3]

Zero.

Your mom has accrued more than one year of unlawful presence. This make her inadmissible. Her adjustment will be denied. There is zero chance of approval since she has been unlawfully present in the US since 2003.

There is no waiver that you can file for her after the denial. A parent is not an Immediate Relative that you can file a waiver for. (The spouse of a US citizen does qualify for a waiver, so that is how you ended up with a green card.)

Once your mother decided to violate US immigration laws, she cannot expect the same benefits as a person who does not break the law.

Are you talking about the I-601 waiver??

We never filed for it in my case,(unless there is another unspoken/automatic waiver. No that's not how I ended up with a green card)... I never had to leave the country and then re-entry during my AOS.

I read somewhere that as long she didnt enter the country illegally and had a qualifying relative I could apply for her without any problem..but I'm not a immigration expert..

I'm not expecting she gets the same treatment as someone who hasn't overstayed... if there is a possibility that she can adjust great, if not, well its what it is....

[aaron2020 11,651]

it's the same, probably she won't have any problems, but you never know. just like you, overstay is forgiven for parents of a USC who entered legally. just like spouses, parents are considered immediate family.

you are a USC right, because only USC can petition for parents. Does your husband make enough money for the affidavit of support? if so, you will file the i864 and your husband will file the i864A as co-sponsor.

Are you talking about the I-601 waiver??

We never filed for it in my case,(unless there is another unspoken/automatic waiver. No that's not how I ended up with a green card)... I never had to leave the country and then re-entry during my AOS.

I read somewhere that as long she didnt enter the country illegally and had a qualifying relative I could apply for her without any problem..but I'm not a immigration expert..

I'm not expecting she gets the same treatment as someone who hasn't overstayed... if there is a possibility that she can adjust great, if not, well its what it is....

Spouses and minor children of US citizens who overstay are treated differently from parents who overstay. The US person who suffers the hardship must be a parent or spouse when applying for the I-601 waiver. The US person cannot be the child of an overstay parent.

You got a green card because your US citizen spouse could have filed an I-601 waiver for you. As long as you didn't leave the US, USCIS had the discretion to approve your adjustment or deny and make you file for the waiver. You got lucky and was granted the first option.

It's not possible for you to file a 601 waiver for your parent. Since your parent has been unlawfully present in the US which makes her inadmissible and no waiver can be filed for, your mother's chances of successfully adjusting is pretty much zero unless she gets an incompetent adjudicator who doesn't know the rules.

Read this; http://www.immigrationamerica.org/waivers/prior-visa-overstay

Waiver for Prior Visa Overstay

What is a “visa overstay?” A visa overstay is when you stay in the United States for longer than your visa allows.

What is “unlawful presence?” The time that you are in the United States when you are not allowed to be here is called unlawful presence. This is the determining factor that makes you need a waiver. Unlawful presence begins to add up as soon as you enter the United States illegally (called entering without inspection, “EWI,” when you did not see an immigration officer when you entered the country) or as soon as your visa expires and stops adding up as soon as you leave the U.S.

Who needs a waiver for a prior visa overstay or unlawful presence? If you stayed in the United States for more than 180 days of unlawful presence, you will have a 3-year bar to entry, which means that if you want to re-enter the U.S. or change your status within that time, you will need to apply for a waiver. If you stayed in the U.S. for more than one year of unlawful presence, you will have a 10-year bar to entry. You either have to apply for a waiver or wait 10 years to re-enter the U.S. or to change your status. This applies if you left the U.S. on your own. If you were deported, you will need a second waiver as well.

I overstayed my visa and left on my own, but I came back across the border. Can I get a waiver? If you overstayed your visa(s) by a total of one year or more and you re-entered the country without a visa (called entering without inspection, “EWI,” when you did not see an immigration officer when you entered the country), you are not eligible for a waiver.

What do I need to file to get a waiver for my unlawful presence? You will need to file Form I-601, Application for Waiver of Grounds of Inadmissibility (if you are coming as an immigrant or adjusting your status) or Form I-192, Application for Advance Permission to Enter as Nonimmigrant (if you are coming as a nonimmigrant).

How much does a waiver for unlawful presence cost? A waiver for prior visa overstay or unlawful presence costs $585.

What should I include in my application for a waiver of unlawful presence? The most important thing is that you MUST prove that your U.S. citizen or legal permanent resident (LPR) spouse, parent, or fiancé (K visa petitioner) (this person is known as your “qualifying relative”) will suffer extreme hardship if the application gets denied. Unfortunately, your child(ren) do not count for this requirement. Each case is unique and considered on its own, so you can include anything that shows there will be extreme hardship to your spouse, parent, or fiancé. You should write it in the format of a formal letter to the immigration officer handling your case and should include anything you think is relevant. Immigration law court cases give examples of what to include. Some things to make sure to use are: your LPR or U.S. citizen family members’ ties to the U.S., your qualifying relative’s family ties (or lack thereof) outside of the U.S., political, social, or other conditions in the country to which your family would have to relocate and how closely your qualifying relative is connected to that country (e.g., if your spouse cannot speak the language there), the financial impact if you leave the U.S. (e.g., your family will be impoverished, your business will fail, and 10 jobs currently held by U.S. citizens will be eliminated), and, most importantly, health conditions of your relative. This is especially important when you are needed to care for your relative and your qualifying relative would not be able to get proper medical care in the country you’d have to leave to. You can also include anything else that shows the hardship to your qualifying relative, including psychological evaluations and letters from friends. Even though your child(ren) does not count as a qualifying relative, you can also include information about how your U.S. citizen or LPR child(ren) will suffer without you, although it is important always to connect this to the hardship to your qualifying relative. For example, if your child’s psychologist has written a report that he/she will suffer depression if you leave, talk about how this will make life more difficult for your spouse, who will have to deal with the child’s behavior all alone with no help. You can also write about how you contribute to your community and how your U.S. citizen and LPR extended family, friends, coworkers, and community members will suffer if you leave. Finally, make sure to show the officer you have good “moral character” (what a nice person you are – you can show this by letters from friends, proof of volunteer work, receipts from donations made, proof of church involvement, or anything else you can think of to show you’re a good person). Even though these other things aren’t determining factors, if the officer (or judge, if you are in court) is not sure which way to decide your case, these things might be just enough to convince him/her to decide in your favor!

[ceadsearc 516]

Overstay is forgiven for immediate relatives of USCs. Parents fall into this category so the overstay shouldn't be an issue. See section 10F of the I-485 instructions. http://www.uscis.gov/files/form/i-485instr.pdf

It is part of the reason people are so opposed to the dream act.

[aleful 1,905]

Zero.

Your mom has accrued more than one year of unlawful presence. This make her inadmissible. Her adjustment will be denied. There is zero chance of approval since she has been unlawfully present in the US since 2003.

There is no waiver that you can file for her after the denial. A parent is not an Immediate Relative that you can file a waiver for. (The spouse of a US citizen does qualify for a waiver, so that is how you ended up with a green card.)

Once your mother decided to violate US immigration laws, she cannot expecdit the same benefits as a person who does not break the law.

ditto, parents who entered legally to the country don't need a waiver, they will adjust in country. overstay is forgiven for immediate relatives of a USC who entered leglly,

of course, if parents would have entered EWI, then yes, there is no waiver available for parents and they would have a 10 year ban.

Edited April 21, 2012 by aleful

[jade_arb 3]

I just want to Update that my mom got his Green Card yesterday..

We were told by our lawyer that we were going to have to go for an interview, so we were waiting for a interview letter.. Instead she got her Green Card on the mail.. Next journey for her will be citizenship in 5 yrs..

[Boiler 46,143]

Overstay is forgiven for immediate relatives of USCs. Parents fall into this category so the overstay shouldn't be an issue. See section 10F of the I-485 instructions. http://www.uscis.gov/files/form/i-485instr.pdf

It is part of the reason people are so opposed to the dream act.

Exactly

[ndu26 114]

and that is why it is a land of opportunities.

...and no man's land.

[Icefire 0]

Hi there,

First of all, congrats!!! I'm in the process of getting paperwork ready for my dad's I-485, and he's in a similar situation as your mom. I'm wondering if you filed for a waiver, such I-601, or anything like that, or was it just a straightforward I-130/I-485 case? Also, did your mom ever work during her overstay? If so, did she need a waiver for that? Or is working w/o a permit also forgiven as a parent of a USC, and there is no waiver required for unauthorized employment of an immediate relative of a USC, as long as there is no misrepresentation of oneself as a citizen (no fraud)?

Many thanks!

[Boiler 46,143]

?????

You can not file a waiver for a Parent.

[Icefire 0]

Yeah, my understanding is that extreme hardship to a USC child cannot serve as the basis for waiver. That's why I don't even think waivers are relevant here. So my question is: in the case of a concurrent filing of I-130/I-485 for a USC child (over 21) petitioner and an overstayed parent applicant (entered legally with inspection), who has an unauthorized employment history (working without misrepresentation of self-identity, just in private homes) but no criminal record, no fraud, no previous removing or immigration violations, and no health issues, etc., are the documents required for such an application virtually identical to other "simpler" I-130/I-485 cases of a USC child petitioning for a lawfully present parent?

Edited January 28, 2014 by Cindy.w