Jump to content
lucy4

Sponsoring Out of Status Parent of US Citizen

By lucy4 in Bringing Family Members of US Citizens to America

 Share

14 posts in this topic

Recommended Posts

lucy4 Collaborator

lucy4   11

Posted
Filed: IR-2 Country: Saint Kitts and Nevis
 Timeline
Posted

I know a woman who is here in the US (illegally) with her two minor children. One child is a citizen, and she is currently in the process of getting a GC for the other child. Her visa has not yet expired, but she has overstayed her allotted time by about 2.5 yrs. Is there any way that she can become legal? I was telling her that her daughter can file for her once she turns 21, but now Im wondering about the overstaying.

Would her daughter just petition her and she return home once its approved and go do her medical etc. What problems will she face because she overstayed her tourist visa?

10/10/07 - I-129F sent to VSC

04/30/08 - POE Newark

07/06/08 - Wedding..... I'm Married Yall!!!

I130 for Minor Child

7/26/12 - Sent to Chicago Lockbox

7/30/12 - Priority date

3/15/13 - NOA2!!!!!!!

3/25/13 - NVC received my case

4/08/13 - Emailed ds3032 template

4/09/13 - NVC case number and IIN number generated

4/11/13 - aos fee bill invoiced/paid/and pkg sent

4/12/13 - aos fee paid again after being rejected/ds3032 resent and accepted

4/15/13 - aos pkg delivered/iv bill invoiced and paid

4/16/13 - iv pkg sent express mail/ aos status changed to paid

4/17/13 - iv pkg delivered/ iv status changed to paid.

4/29/13 - Case Complete!

5/10/13 - Interview notice emailed.

6/05/13 - INTERVIEW

Link to comment
Share on other sites
kzielu Experienced

kzielu   1,149

Posted
Filed: Citizen (apr) Country: Poland
 Timeline
Posted

Once her daughter is 21 she can petition and that woman you know will be able to adjust the status within US - overstay will not be an issue. If she leaves and gets deported in that time, then she will have a ban which she will have to wait out or apply for a waiver.

Link to comment
Share on other sites
lucy4 Collaborator

lucy4   11

Posted
Filed: IR-2 Country: Saint Kitts and Nevis
 Timeline
  • Author
Posted

Once her daughter is 21 she can petition and that woman you know will be able to adjust the status within US - overstay will not be an issue. If she leaves and gets deported in that time, then she will have a ban which she will have to wait out or apply for a waiver.

Ok. Wouldnt she have to go to the embassy in her home country though? Or when the daughter petitions, does she just put the US address for the mom?

10/10/07 - I-129F sent to VSC

04/30/08 - POE Newark

07/06/08 - Wedding..... I'm Married Yall!!!

I130 for Minor Child

7/26/12 - Sent to Chicago Lockbox

7/30/12 - Priority date

3/15/13 - NOA2!!!!!!!

3/25/13 - NVC received my case

4/08/13 - Emailed ds3032 template

4/09/13 - NVC case number and IIN number generated

4/11/13 - aos fee bill invoiced/paid/and pkg sent

4/12/13 - aos fee paid again after being rejected/ds3032 resent and accepted

4/15/13 - aos pkg delivered/iv bill invoiced and paid

4/16/13 - iv pkg sent express mail/ aos status changed to paid

4/17/13 - iv pkg delivered/ iv status changed to paid.

4/29/13 - Case Complete!

5/10/13 - Interview notice emailed.

6/05/13 - INTERVIEW

Link to comment
Share on other sites
justashooter Experienced

justashooter   430

Posted
Filed: Country: China
 Timeline
Posted

if she is illegal then she is illegal, and should self deport immediately.

why would we help her circumvent the law?

that would make us accessories to the fact, and also violate the terms of service for this website.

____________________________________________________________________________

obamasolyndrafleeced-lmao.jpg

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,505

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

How is the other child getting legal status?

“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.”

Link to comment
Share on other sites
lucy4 Collaborator

lucy4   11

Posted
Filed: IR-2 Country: Saint Kitts and Nevis
 Timeline
  • Author
Posted

if she is illegal then she is illegal, and should self deport immediately.

why would we help her circumvent the law?

that would make us accessories to the fact, and also violate the terms of service for this website.

Thanks for your help.

How is the other child getting legal status?

Im not sure of the agency, but she got some legal help, went through the courts and everything.

10/10/07 - I-129F sent to VSC

04/30/08 - POE Newark

07/06/08 - Wedding..... I'm Married Yall!!!

I130 for Minor Child

7/26/12 - Sent to Chicago Lockbox

7/30/12 - Priority date

3/15/13 - NOA2!!!!!!!

3/25/13 - NVC received my case

4/08/13 - Emailed ds3032 template

4/09/13 - NVC case number and IIN number generated

4/11/13 - aos fee bill invoiced/paid/and pkg sent

4/12/13 - aos fee paid again after being rejected/ds3032 resent and accepted

4/15/13 - aos pkg delivered/iv bill invoiced and paid

4/16/13 - iv pkg sent express mail/ aos status changed to paid

4/17/13 - iv pkg delivered/ iv status changed to paid.

4/29/13 - Case Complete!

5/10/13 - Interview notice emailed.

6/05/13 - INTERVIEW

Link to comment
Share on other sites
justashooter Experienced

justashooter   430

Posted
Filed: Country: China
 Timeline
Posted

Thanks for your help.

Im not sure of the agency, but she got some legal help, went through the courts and everything.

most likely a falsified green card that she tells people is legitimate.

you can buy one in most major cities for $200 or so...

there is no legitimate way, unless the father is USC and is paternity tested.

____________________________________________________________________________

obamasolyndrafleeced-lmao.jpg

Link to comment
Share on other sites
JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Im not sure of the agency, but she got some legal help, went through the courts and everything.

Courts are not involved in getting a green card unless it's an immigration court or a lawsuit is involved. You don't go to immigration court unless you're already in big trouble with the US government. You don't file a lawsuit until after you've gone to immigration court and failed.

Immigrants who are in the country illegally will often make up stories about their status or the status of their family members, hoping that the person listening doesn't understand enough about immigration to know whether the story is true. I had a neighbor once who came to the US by walking across the border with his wife and two kids. They had one more kid who was subsequently born in the US. He told me that the kid born in the US made it possible for his other kids to qualify for green cards, and said they were in the process of getting those green cards. At the time, I didn't know any better and just presumed it was true. A few years later, all of them except for the kid who was born in the US were in removal proceedings, and he finally admitted to me that the green card story was a lie. He made it up because he didn't want me to think his kids were illegal.

Unless your friend's kid has a parent who is a US citizen then the kid isn't eligible to adjust status and get a green card. Maybe they're applying for deferred action. That's not the same thing as a green card, and it will never lead to a green card. It's a temporary stay of deportation with an option to get an employment authorization card.

If your friend manages to stay under the radar until her US citizen child is 21 then her child can petition for her. Since she'll be an immediate relative of a US citizen then her overstay won't be an issue. The other kid is a problem, though. The US citizen child could also petition for the sibling when she's 21, but that won't be an immediate relative category - the child would need to have current non-immigrant status in order to adjust status and get a green card. Same thing if mom petitions for the kid after she gets her green card.

Maybe your friend will get lucky and fall in love with a US citizen...

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
Share on other sites
lucy4 Collaborator

lucy4   11

Posted
Filed: IR-2 Country: Saint Kitts and Nevis
 Timeline
  • Author
Posted

Courts are not involved in getting a green card unless it's an immigration court or a lawsuit is involved. You don't go to immigration court unless you're already in big trouble with the US government. You don't file a lawsuit until after you've gone to immigration court and failed.

Immigrants who are in the country illegally will often make up stories about their status or the status of their family members, hoping that the person listening doesn't understand enough about immigration to know whether the story is true. I had a neighbor once who came to the US by walking across the border with his wife and two kids. They had one more kid who was subsequently born in the US. He told me that the kid born in the US made it possible for his other kids to qualify for green cards, and said they were in the process of getting those green cards. At the time, I didn't know any better and just presumed it was true. A few years later, all of them except for the kid who was born in the US were in removal proceedings, and he finally admitted to me that the green card story was a lie. He made it up because he didn't want me to think his kids were illegal.

Unless your friend's kid has a parent who is a US citizen then the kid isn't eligible to adjust status and get a green card. Maybe they're applying for deferred action. That's not the same thing as a green card, and it will never lead to a green card. It's a temporary stay of deportation with an option to get an employment authorization card.

If your friend manages to stay under the radar until her US citizen child is 21 then her child can petition for her. Since she'll be an immediate relative of a US citizen then her overstay won't be an issue. The other kid is a problem, though. The US citizen child could also petition for the sibling when she's 21, but that won't be an immediate relative category - the child would need to have current non-immigrant status in order to adjust status and get a green card. Same thing if mom petitions for the kid after she gets her green card.

Maybe your friend will get lucky and fall in love with a US citizen...

Thanks. I dont really know much about the non citizen child status, we didnt get to discuss it too much. The points I made were just what I remembered from our conversation. I do recall her mentioning a specific title of the legal act, but I dont remember it. I think it was special immigrants juvenile act, or something to that effect.

As far as her status, she is actually already dating a citizen and will probably go that route. We were just discussing what other options she may have.

10/10/07 - I-129F sent to VSC

04/30/08 - POE Newark

07/06/08 - Wedding..... I'm Married Yall!!!

I130 for Minor Child

7/26/12 - Sent to Chicago Lockbox

7/30/12 - Priority date

3/15/13 - NOA2!!!!!!!

3/25/13 - NVC received my case

4/08/13 - Emailed ds3032 template

4/09/13 - NVC case number and IIN number generated

4/11/13 - aos fee bill invoiced/paid/and pkg sent

4/12/13 - aos fee paid again after being rejected/ds3032 resent and accepted

4/15/13 - aos pkg delivered/iv bill invoiced and paid

4/16/13 - iv pkg sent express mail/ aos status changed to paid

4/17/13 - iv pkg delivered/ iv status changed to paid.

4/29/13 - Case Complete!

5/10/13 - Interview notice emailed.

6/05/13 - INTERVIEW

Link to comment
Share on other sites
lucy4 Collaborator

lucy4   11

Posted
Filed: IR-2 Country: Saint Kitts and Nevis
 Timeline
  • Author
Posted

most likely a falsified green card that she tells people is legitimate.

you can buy one in most major cities for $200 or so...

there is no legitimate way, unless the father is USC and is paternity tested.

You dont really have to post anymore. I wouldnt want to make you an accessory to her pursuit of becoming a documented democrat.

10/10/07 - I-129F sent to VSC

04/30/08 - POE Newark

07/06/08 - Wedding..... I'm Married Yall!!!

I130 for Minor Child

7/26/12 - Sent to Chicago Lockbox

7/30/12 - Priority date

3/15/13 - NOA2!!!!!!!

3/25/13 - NVC received my case

4/08/13 - Emailed ds3032 template

4/09/13 - NVC case number and IIN number generated

4/11/13 - aos fee bill invoiced/paid/and pkg sent

4/12/13 - aos fee paid again after being rejected/ds3032 resent and accepted

4/15/13 - aos pkg delivered/iv bill invoiced and paid

4/16/13 - iv pkg sent express mail/ aos status changed to paid

4/17/13 - iv pkg delivered/ iv status changed to paid.

4/29/13 - Case Complete!

5/10/13 - Interview notice emailed.

6/05/13 - INTERVIEW

Link to comment
Share on other sites
lucy4 Collaborator

lucy4   11

Posted
Filed: IR-2 Country: Saint Kitts and Nevis
 Timeline
  • Author
Posted

How old is the kids who is USC?

17

10/10/07 - I-129F sent to VSC

04/30/08 - POE Newark

07/06/08 - Wedding..... I'm Married Yall!!!

I130 for Minor Child

7/26/12 - Sent to Chicago Lockbox

7/30/12 - Priority date

3/15/13 - NOA2!!!!!!!

3/25/13 - NVC received my case

4/08/13 - Emailed ds3032 template

4/09/13 - NVC case number and IIN number generated

4/11/13 - aos fee bill invoiced/paid/and pkg sent

4/12/13 - aos fee paid again after being rejected/ds3032 resent and accepted

4/15/13 - aos pkg delivered/iv bill invoiced and paid

4/16/13 - iv pkg sent express mail/ aos status changed to paid

4/17/13 - iv pkg delivered/ iv status changed to paid.

4/29/13 - Case Complete!

5/10/13 - Interview notice emailed.

6/05/13 - INTERVIEW

Link to comment
Share on other sites
justashooter Experienced

justashooter   430

Posted
Filed: Country: China
 Timeline
Posted

You dont really have to post anymore. I wouldnt want to make you an accessory to her pursuit of becoming a documented democrat.

lots of people read this site, and take from the threads hereon information they believe to be accurate. when we see inaccuracies it is our responsibility to correct them.

the terms of service on this site forbid us from aiding and abetting illegal activity. that is what this thread is about, in essence.

____________________________________________________________________________

obamasolyndrafleeced-lmao.jpg

Link to comment
Share on other sites
lucy4 Collaborator

lucy4   11

Posted
Filed: IR-2 Country: Saint Kitts and Nevis
 Timeline
  • Author
Posted

lots of people read this site, and take from the threads hereon information they believe to be accurate. when we see inaccuracies it is our responsibility to correct them.

the terms of service on this site forbid us from aiding and abetting illegal activity. that is what this thread is about, in essence.

Ive seen lots of topics on this site where people ask about what course of action they can take after overstaying their visa and trying to become legal. She did the same, and her children are here legally. I dont know if you work for uscis or not, but I dont so Ill leave it up to them to deport her. Til that happens, if she can correct her situation and stay with her children legally, better for her. Im all for people bettering themselves and their situations. If I think its shady, rather than accuse people I know nothing about of buying green cards etc, Id just not post.

10/10/07 - I-129F sent to VSC

04/30/08 - POE Newark

07/06/08 - Wedding..... I'm Married Yall!!!

I130 for Minor Child

7/26/12 - Sent to Chicago Lockbox

7/30/12 - Priority date

3/15/13 - NOA2!!!!!!!

3/25/13 - NVC received my case

4/08/13 - Emailed ds3032 template

4/09/13 - NVC case number and IIN number generated

4/11/13 - aos fee bill invoiced/paid/and pkg sent

4/12/13 - aos fee paid again after being rejected/ds3032 resent and accepted

4/15/13 - aos pkg delivered/iv bill invoiced and paid

4/16/13 - iv pkg sent express mail/ aos status changed to paid

4/17/13 - iv pkg delivered/ iv status changed to paid.

4/29/13 - Case Complete!

5/10/13 - Interview notice emailed.

6/05/13 - INTERVIEW

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...