Need help. Petition and status change for my Mom.

[Caraqueno18 0]

Hello Forum, this is my case:

I am a new US citizen. My mom lives with me. She has been here in the US since 2010. She entered the country as tourist but for very complex family situations and health issues she could not go back to her country of origin and stayed with me. She is 73 years old. She has never worked here.
I know that for the process of petitioning her I have to fill the I-130 form and the I-485 form requesting an adjust of status and send them together.

Here is where the problem begins: When she entered the last time to the US, the immigration officer instead of giving her a I-94 card, stamped a seal in her passport with the date of arriving to the US and the date she should have left the country. There is also a class of admission number in the seal but there is no I-94 number. Once I started filling the papers they are requesting the I-94 number. I already tried using the online I-94 admission number retrieval, but as she entered the country way after this new system started, I'm not able to retrieve such number.

I don't know what to do and Is extremely urgent that I can request her so she can have her green card as soon as possible in order to fly to visit my sick sister and be able to come back.
If someone has any suggestions please post them here.
I know that I can go to an immigration attorney but I wanted to give it a try here and see if I could avoid paying it.

Thanks in advance.

Edited August 25, 2013 by Caraqueno18

[amykathleen2005 441]

*edit*

Edited August 25, 2013 by amykathleen2005

[ravioli0526 1]

YOU CAN GO ONLINE AND SUBMIT AN APPLICATION FOR A LOST I-94. Give a try

[belinda63 3,038]

She can adjust status inside the US as an immediate relative of a US citizen. She has to prove she entered with inspection is the problem. Sorry I can't be of any help here with that issue.

It will take months for her to be issued her green card, filing the paperwork is just the beginning. Good luck with your journey and remember if she leaves prior to obtaining her green card (AP will do her no good since she has an overstay) she will be considered to have abandoned her AOS and will recieve a 10 year ban upon leaving.

[Caraqueno18 0]

YOU CAN GO ONLINE AND SUBMIT AN APPLICATION FOR A LOST I-94. Give a try

Thanks for your suggestion, the problem is that she never got one. She has a seal that was stamped in her passport.

Thanks anyway.

[Caraqueno18 0]

She can adjust status inside the US as an immediate relative of a US citizen. She has to prove she entered with inspection is the problem. Sorry I can't be of any help here with that issue.

It will take months for her to be issued her green card, filing the paperwork is just the beginning. Good luck with your journey and remember if she leaves prior to obtaining her green card (AP will do her no good since she has an overstay) she will be considered to have abandoned her AOS and will recieve a 10 year ban upon leaving.

Thank you.

I know, she is not willing to leave the country as she would not be able to return due the 10 years ban.

I have read that the process of Green card for elder US citizen parents is the quickest of all, with a timeline of 4 months approximately.

I hope I can avoid using an attorney.

[Boiler 45,525]

Makes no difference when adjusting status.

If she does not have an I 94 and she should have one then all she can do is get a copy as mentioned above.

What do you do about Medicall Insurance? Might come up at the interview

[Caraqueno18 0]

Makes no difference when adjusting status.

If she does not have an I 94 and she should have one then all she can do is get a copy as mentioned above.

What do you do about Medicall Insurance? Might come up at the interview

Thanks for the heads up.

I don't think that would be a problem as I could add her to my insurance. The thing that is concerning me is the I-94 number to fill correctly the forms.

[Shiobhan 235]

Photo copy that page with the seal IO stamped & the explanation

no I 94 was issued...all the process R now taking a longer time than they

give on their timelines

[makebalayesarr 9]

Don't worry about the I94 number, just leave blank and attach a copy of the POE stamp enclosed in the petition and send it. The IO will always ask the applicant their passport at the interview to verify legal entry. I wouldn't worry too much about that.

[Boiler 45,525]

I don't think that would be a problem as I could add her to my insurance.

Interesting and very unusual.

What Insurance do you have that allows you to do that and what cover does she have now?

[Caraqueno18 0]

Interesting and very unusual.

What Insurance do you have that allows you to do that and what cover does she have now?

thanks for your interest. Actually I have not add her to my insurance as she does not have a SSN. In my job I have insurance, if I want, I could add a family member. We have not done that and until now we have afforded every medical related situations she has had out of our pocket. With your suggestion you just opened our eyes to this and now we are looking for an insurance for her.

Now that it seems you are very well informed about this kind of things, would you please tell me what to expect in that interview? Thank you again.

Don't worry about the I94 number, just leave blank and attach a copy of the POE stamp enclosed in the petition and send it. The IO will always ask the applicant their passport at the interview to verify legal entry. I wouldn't worry too much about that.

Thank you

[Caraqueno18 0]

Photo copy that page with the seal IO stamped & the explanation

no I 94 was issued...all the process R now taking a longer time than they

give on their timelines

Thank you. It sound a little risky as we do not want her petition to be rejected and then have a deportation process, but I'll consider this option

[Boiler 45,525]

thanks for your interest. Actually I have not add her to my insurance as she does not have a SSN. In my job I have insurance, if I want, I could add a family member. We have not done that and until now we have afforded every medical related situations she has had out of our pocket. With your suggestion you just opened our eyes to this and now we are looking for an insurance for her.

Now that it seems you are very well informed about this kind of things, would you please tell me what to expect in that interview? Thank you again.

Thank you

Firstly you do not need a SSN to be added to Insurance and at her age there is obviously a very major risk.

You will have to be her Sponsor and it certainly would not be the first time the IO had asked for evidence of coverage.

UPS recently announced they would no longer be covering some spouses so seems odd that there is still somebody who will cover parents.

[amykathleen2005 441]

I have never heard of an insurance which covers a parent. It is almost always spouse/partner and children.