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Filed: AOS (apr) Country: Canada
Timeline
Posted

For your convenience, from USCIS:

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

* worked without permission,

* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

Immediate relatives of U.S. citizens are parents, spouses, and unmarried children under 21.

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

You stated the wife or the sister, the sister can ot assist with the overstay there is no wavier for the sister.

She said her sister is legal status, did she not? I assumed that meant she is a LPR...that would make her eligible for citizenship and when she got citizenship she could apply for the mother the same way as the OP's wife...

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Posted

Unlikely, unless she already has TPS. Read the rules regarding it; it is most likely too late for her to apply for it if she doesn't already have it.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Posted (edited)

For your convenience, from USCIS:

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

* worked without permission,

* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

Immediate relatives of U.S. citizens are parents, spouses, and unmarried children under 21.

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

She said her sister is legal status, did she not? I assumed that meant she is a LPR...that would make her eligible for citizenship and when she got citizenship she could apply for the mother the same way as the OP's wife...

The mothers sister is not an immediate relative. Is the sister the child of the mother of is she the mother's sibling? I took it to mean that the sister was the mother's sibling.

I think my mother-in-law's sister is legal, maybe we could have her file for her? Can you give me some options.

Edited by LIFE'SJOURNEY
Filed: AOS (apr) Country: Canada
Timeline
Posted

Out of curiosity, let's say the MIL can adjust status. Won't that get her boss (the LA Police detective who's breaking the law by employing her) in trouble?

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

Filed: AOS (apr) Country: Canada
Timeline
Posted

Yes got it...my MIL's sister will NOT be able to help. Seriously though...no one out there has dealt with this? PLEASE SOMEBODY GIVE ME EXPERIENCE ON THIS!

I just posted a thread that shows people have dealt with it. Read it.

I thought you were talking about your wife's sister not the mothers. Sorry.

But the info applies to your wife and is the only way for the mil to immigrate. That or she could marry her boyfriend the detective and he could apply for her.

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Filed: AOS (apr) Country: Canada
Timeline
Posted

I just posted a thread that shows people have dealt with it. Read it.

I thought you were talking about your wife's sister not the mothers. Sorry.

But the info applies to your wife and is the only way for the mil to immigrate. That or she could marry her boyfriend the detective and he could apply for her.

Boss, not boyfriend. Unless I seriously misread something.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

Filed: AOS (apr) Country: Canada
Timeline
Posted (edited)

I re-read it, and the OP did say boss who also happens to be an LA detective.

After re-reading I see what you guys are saying...the bosses and the man is an lA detective.

I am guessing she is a live in nanny or housekeeper type situation...I originally just read that she was living with her boss.

So yeah...

Her only option, if she wants to immigrate in less than ten years is if she can manage to stay in the country and wait for the daughter to become a USC and then be petitioned for. So looking at 4 years or so that way.

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Filed: AOS (apr) Country: Canada
Timeline
Posted (edited)

Back to my question, if she DID apply to adjust status, and of course told the truth about being employed, wouldn't immigration go knocking on her employer's door? Would she be willing to risk that? I mean, how loyal is she to these people?

Edited by SterlingDandT

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

Filed: AOS (apr) Country: Canada
Timeline
Posted (edited)

Back to my question, if she DID apply to adjust status, and of course told the truth about being employed, wouldn't immigration go knocking on her employer's door? Would she be willing to risk that? I mean, how loyal is she to these people?

I think that is grey area. It's likely under the table employment with cash only - not much they could prove to hold against him for hiring a nanny or something. I would think IRS would be more likely to be interested in chasing that down than immigration.

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

The obvious solution is for her Mother to find a USC to marry.

Her Immigration issues are hers, not yours or your wife's. She chose the route she took, she deals with the consequences.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

Hi! This is my first post so bear with with me, I have some questions. My wife arrived from Costa Rica in 2002 as a high school freshman and overstayed with her mother. They are still here and have never had any issues. I married my wife in February 2012 and are working on filing all the correct paper work for her AOS. I need help with the following questions:

1. I shouldn't have any problems with my wife's AOS. Correct?

2. Will listing my Mother-In-Law on the AOS paperwork for my wife affect her getting deported/in trouble, etc.?

3. Is there anything we can do to get AOS going for my mother in law as well?

Please help! I dont want to get my wife's AOS only to have my mother-in-law deported. We have options... I think my mother-in-law's sister is legal, maybe we could have her file for her? Can you give me some options.

I dont want to lose my family, I want us to be complete.

"Never had any issues..." other than working illegally, likely never paid income taxes, likely scammed medical benefits from American taxpayers, and yet you see nothing wrong? Did I miss the part about our laws wherein it says anyone can just show up here and take advantage of hard working American citizens? Why is it you believe that your case is so special that our laws should not apply?

Filed: AOS (pnd) Country: Costa Rica
Timeline
Posted (edited)

"Never had any issues..." other than working illegally, likely never paid income taxes, likely scammed medical benefits from American taxpayers, and yet you see nothing wrong? Did I miss the part about our laws wherein it says anyone can just show up here and take advantage of hard working American citizens? Why is it you believe that your case is so special that our laws should not apply?

Your mostly incorrect. My MIL has worked illegally. My wife has never worked and is in college. My MIL has paid for ALL of her college tution. She also has paid income taxes her entire time here as well. They did recieve free healthcare, which is free to income based qualifiers in LA County if they choose to take it (remeber she pays taxes...paying into the system). It is the shittest healthcare you can get. It takes all day to see a doctor. I grew up in a town where illegal immmigration is rife, (agriculture) and I can tell you, I use to feel the same way. After I met my wife and learned the details of how it has worked for them I feel differently. Im not saying that there arent illegals out there that are just as you described. I'm just saying from what I know and have lived from with them, they havent taken advantage of anyone.

If you really want to complain you should complain about people like my vietnemse co workers family. They came to america (all seven of them) legally becuase of the vietnam war. his dad never worked a day in his life, yet has been able to collect social security his entire stay without paying into it. They collected medical benefits for there entire family (7 of them!) without ever paying into the system. they send a sizeable amount of money back to vietnam never seeing american hands. THEY DID THIS ALL LEGALLY.

The immigration system is not what you think. My MIL is the hardest worker I have ever met, and completely selfless. Yet look at these two stories, the lazy are rewarded and the harworking are punished.

I dont believe our laws shouldnt apply, and I dont think my case is special. I'm on here trying to follow the rules buddy.

Edited by Giantsfansvs
Filed: K-1 Visa Country: Wales
Timeline
Posted
My MIL has paid for ALL of her college tution

Foreign Student rates?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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