Immigrant illegal mother....American child

[Sandra G. 5,057]

First of all through her sister she may receive a green card not to apply for Citizenship yet, but because she overstayed she won't be able to get her green card inside USA.There is a waiver available (I-601)but she has to prove that her sister (U.S. Citizen) would suffer extreme hardship if she is not allowed back into the U.S,because she must leave in order to file the I-601.

[del-2-5-2014 1,339]

Except she really can't. I thought this board was for posting immigration questions and receiving some kind of answers not a place for peoples life stories to be ridiculed and met with gelid replies.

Her sister, who is a citizen, applied for her but has since left the country.

"she can go home. italy is nice".... Thank you for that.

I agree.

Whatever she does, the best thing for her to do is to be near the child's father. Where is he?

Bless your heart Guvnor.

[beejay 125]

First of all through her sister she may receive a green card not to apply for Citizenship yet, but because she overstayed she won't be able to get her green card inside USA.There is a waiver available (I-601)but she has to prove that her sister (U.S. Citizen) would suffer extreme hardship if she is not allowed back into the U.S,because she must leave in order to file the I-601.

Sorry to jump in here and correct me if I am wrong but I believe siblings are not qualifying relatives for the I-601.

[livelife2dfullest 7]

Hmm...her case is complicated and it will help her big time if she hires an immigration lawyer. She can get deported for overstaying here and her kid could go to foster home as the kid is an american. Not sure though but an immigration lawyer is her best option.

Edited August 28, 2012 by livelife2dfullest

[AF-Wife 181]

I don't understand why going back to Italy is not an option?!? How is she able to live here? Se can't work, has no SSN ... You should go shake hands with other people here on VJ that always say: going back to ... Is not an option. It's not a 3rd world country!!! Italy is amazing.

Hmm...her case is complicated and it will help her big time if she hires an immigration lawyer. She can get deported for overstaying here and her kid could go to foster home as the kid is an american. Not sure though but an immigration lawyer is her best option.

There is NO reason to get her a greencard. No ground nothing - an immigration lawyer can't help! He has NO CASE.

[amyandjorge 76]

I just can't help but think what these responses would be like if she was not an undocumented immigrant from Europe... There are millions of people in this situation or similar and they don't really have options at a legitimate life in the US, with or without their USC children.

Her case doesn't seem so complicated, this seems to be exactly the scenario that USCIS is expecting when they deny tourist visas.

Also, how does she have a sister and no family...?

[Boiler 45,912]

I just can't help but think what these responses would be like if she was not an undocumented immigrant from Europe... There are millions of people in this situation or similar and they don't really have options at a legitimate life in the US, with or without their USC children.

Her case doesn't seem so complicated, this seems to be exactly the scenario that USCIS is expecting when they deny tourist visas.

Also, how does she have a sister and no family...?

Her Sister has moved abroad.

And is not a qualifying relative for a waiver. Nor by the way is her son.

[Pinkrlion 2,724]

Hello,

Here is the predicament....

There is an illegal immigrant woman.... from Italy..... entered on a Tourist Visa...and overstayed the visa. It has been over 10 years since the visa expired. She has an 11 year old son and no other family.

A couple years back her passport was stolen and she now has NO form of Identification.

She needs citizenship obviously but most importantly documentation. She cannot work to provide for her child otherwise.

Is there ANY possible way outside of marrying an American she can get documents to at the very least allow her to work in this Country? She is able bodied and more than ready to do so but cannot be employed illegally in most positions.

Most important: There is NO OTHER FAMILY in the country and no one to take care of her son. That being said, going back to Italy to receive I.D and risking possible denial of re-entry here in the U.S is out of the question- the boy would be swept up into foster care and government child care that no child should be subject to when a mother is willing and ready to provide for him.

SHE HAS ALREADY BEGUN THE PROPER PROCESS TO BECOME A CITIZEN but it has been a over 5 years. She is in fact in the "system" and is playing the waiting game all the while her boy is growing and so too are his needs.

I thank you so very much for your replies.

She needs to contact a local agency that supports immigrant services. She is eligible for PR, but not citizenship. She will not be able to apply for that at all.

[Harpa Timsah 13,258]

She needs to contact a local agency that supports immigrant services. She is eligible for PR, but not citizenship. She will not be able to apply for that at all.

This is not true. She is not eligible for anything.

[Harsh_77 718]

Sorry to jump in here and correct me if I am wrong but I believe siblings are not qualifying relatives for the I-601.

I could be wrong but I am with you on this one the hardship wavier is only applicable to spouse not for siblings.

[Harsh_77 718]

She needs to contact a local agency that supports immigrant services. She is eligible for PR, but not citizenship. She will not be able to apply for that at all.

PR under what?

How is she eligible for staying in US?

Lets assume her son is USC, even in that case he cannot file for her for another 11 yrs.

[GandK 168]

No case and she is not eligible for anything. And why is it impossible to go back to Italy? Is it that much worse than staying in the country ILLEGALLY and unable to work and provide for the child?

Perhaps she should have thought twice before coming to stay in the country illegally and thought many more times before having a child she cannot support.

Sorry but I have zero sympathy for the mother but I do really pity the child.

Go home, Italy is a nice country, there is more or less equal opportunity for her there and she must have some family in Italy, no?

[Boiler 45,912]

and children.

[tfairyqueen 3]

Don't pay attention to rude comments.Otherwise you'll drive crazy.

There are stupids everywhere.

Good luck!

[Boiler 45,912]

Italy is not a third world country, yet.

Greece, now that's a discussion

http://www.telegraph.co.uk/travel/destinations/europe/italy/9501469/A-week-in-Italy-shows-its-the-British-living-la-dolce-vita.html

An interesting article on Italy.