Adjustment of Status for my Mother (Please Help)

[MoveAndy 1]

I came with my mom in 2000 on a tourist visa, we both overstayed our visa putting us out of status for a while. I got married to a US citizen on Feb 2011, and got my conditional green card in August 2011. I've just filed for my ROC, and should be able to apply for citizenship 90 days prior to August 2014. However, this isn't for me. This thread is to inquire if I can apply for the adjustment of status for my mother as well.

She wants to back home badly, but I've asked her to stay until I'm eligible to apply for her.

Questions:

Can I apply for her green card once I have my passport? If so, which forms would I be filling out and how long will it actually take my mother to receive her green card.

Once her status is adjusted, she wouldn't hit the 10 year ban, right?

Thanks.

[Eric-Pris 1,606]

No, you can't adjust for her. If she marries a USC citizen, she can adjust herself through him.

It's a catch 22 for her because if she goes home, you can petition for her once you become a citizen but if she goes home, she'll be hit with a 10-year ban for overstaying 13 years. And if she stays, she won't have a ban, but she can't go home.

Edited July 31, 2013 by Eric-Pris

[MoveAndy 1]

No, you can't adjust for her. If she marries a USC citizen, she can adjust herself through him.

It's a catch 22 for her because if she goes home, you can petition for her once you become a citizen but if she goes home, she'll be hit with a 10-year ban for overstaying 13 years. And if she stays, she won't have a ban, but she can't go home.

Thanks for your response, but please only respond if you know exactly what you're talking about. I don't need opinions at this moment.

I've spoken to several attorneys who have told me that there is a 99% chance that the ban wont trigger as my mom qualifies as my immediately relative.

You can also look here:

http://www.lawqa.com/qa/can-us-citizen-sponsor-parent-who-has-overstayed-on-visitor-visa-for-more-than-10-years-what-are-complications

Thanks, would appreciate if someone with good knowledge can explain.

[Penguin_ie 5,993]

The above answer given is correct.

[NigeriaorBust 4,087]

The ban triggers , you can file for a waiver if the person with the ban has a qualifying relative . If a waiver is approved it removes the ban otherwise she is excluded fo the length of the ban

[Eric-Pris 1,606]

I've spoken to several attorneys who have told me that there is a 99% chance that the ban wont trigger as my mom qualifies as my immediately relative.

You can also look here:

http://www.lawqa.com/qa/can-us-citizen-sponsor-parent-who-has-overstayed-on-visitor-visa-for-more-than-10-years-what-are-complications

The ban will be triggered if she leaves the US before adjusting status, no matter what relation she is to you. I wasn't saying that the ban would be triggered after she adjusted. If you somehow find a way to adjust her, then she would be free to travel and return.

Nowhere in that link does it mention that the USC (then tourist) came to the US with the parent.

FYI--Lawyers are really good at telling potential clients what they want to hear. But when it goes bad, it's never their fault. My neighbor who entred on a tourist visa in 1991 and is now trying to get sponsored by her SC son has paid $48,000 to some shyster for the past 6 years and she''s still nowhere near a greencard.

[belinda63 3,038]

Once you become a US citizen your plan will work. Understand that even if you are eligible to file in August 2014 it will take a while to obtain citizenship depending on where you live. So you are likely looking at early 2015 as being the soonest you could file for her.

[MoveAndy 1]

The ban will be triggered if she leaves the US before adjusting status, no matter what relation she is to you. I wasn't saying that the ban would be triggered after she adjusted. If you somehow find a way to adjust her, then she would be free to travel and return.

Nowhere in that link does it mention that the USC (then tourist) came to the US with the parent.

FYI--Lawyers are really good at telling potential clients what they want to hear. But when it goes bad, it's never their fault. My neighbor who entred on a tourist visa in 1991 and is now trying to get sponsored by her SC son has paid $48,000 to some shyster for the past 6 years and she''s still nowhere near a greencard.

Isn't the process same as filing for a spouse? I-485, petition form, etc.

[belinda63 3,038]

It would be if she were a citizen now, since she is still and LPR she cannot file for her mother.

[newacct 688]

Questions: Can I apply for her green card once I have my passport?

You don't even need a passport. You can apply the day you become a citizen (the day you take the oath). You'll have your Certificate of Naturalization which is proof of citizenship.

If so, which forms would I be filling out and how long will it actually take my mother to receive her green card.

The main forms are I-130 and I-485, and you should also file I-765 for the EAD. They each require many supporting documents. All the forms are filed concurrently. It's very similar to our guide for spouse of U.S. citizen here in the U.S.: http://www.visajourney.com/content/i130guide2

except that the documents for the I-130 are different: http://www.visajourney.com/content/immigration-parents

(you don't need photos, G-325a, marriage certificate, evidence of bona fide marriage, etc.; and instead you will need your (the child's) birth certificate).

It takes a few months at least.

Once her status is adjusted, she wouldn't hit the 10 year ban, right?

Right.

Edited August 1, 2013 by newacct

[Pitaya 2,577]

~~Moved from Family-based AOS to Work, Student, Tourist AOS Forum~~

~Post is inquiring about AOS from (long) expired tourist visa~