Is there anything we can do? Please help..

[cafeteria 0]

Hi Everyone, I've been doing my research and don't like what I am finding out. Please give me your opinions..

So I got my US Citizenship several years ago and was able to get my dad his green card and bring him to USA.

He met a lady that is from our country, she came to visit him in USA and they got married in Dec 2011. She went back to her country and my dad (with his friend's help, since my dad doesn't know much English) filed I-130 for his new wife and her 2 underage children. That happened in March 2012.

In August 2012 my dad's wife and children came to USA to visit my dad and during their stay decided to not return and finish their paperwork here. I live in a different state, so I was really disconnected from the whole situation. My dad never asked me to help him with the process or for my opinion.

They waited until their I-130 got approved in April 2013 and were getting ready for another step in the process.

They recently moved to live close to me and ask me to help out with all the paperwork.

I looked at everything and I am at loss as to what to do..

The USCIS was treating everything as if my dad's family was back in their country and my dad was applying from here, They never notified USCIS that they moved to USA.

From my experience years ago, I thought that my dad's family just needed to file I 485 to adjust their status, however their I-94 has expired in Nov 2012 and they are no longer eligible to file.

I was told that they need to return back to their country to finish this process. However we are worried that they will get denied, since they overstayed.

I am at loss and regret I didn't get to deal with this from the beginning to avoid this mess they are in.

I will appreciate everybody's insight and opinions on this situation. For right now, we are going to contact an immigration lawyer.

[Harpa Timsah 13,258]

Your father's wife and family chose to live illegally in the US. They are not eligible to adjust status in the US because they overstayed. They must leave and file, and yes, they will be denied for overstaying. They have incurred a 10-year ban (well not the kids if they are under 18).

I am not sure a GC holder can even file a hardship waiver (which is the thing that he needs to overturn the denial).

They didn't follow US laws and now will pay the price. They screwed up, big time. Sorry.

[NigeriaorBust 4,087]

Concur they can't adjust status in the US because they don't have status to adjust from. They are subject to a ban at the moment and are also deportable if they are discovered. When can your father become a USC ? ( right now he is also guilty of harboring them )

[cafeteria 0]

He can apply for USC in Feb 2015.

When I look back at my case, I also had my I-94 long expired when I married my husband (who is US Citizen) and filed all the documents together. I never had a problem for overstaying, they didn't even asked and granted me my green card. That was in 2004-05. Has the law changed that much recently?

My mom and underage brother had also similar situation and adjusted their status after my mom got married in 2008, and we actually came to the USA with my mom and brother in May 2001 and were able to adjust still years later.

My moms case only got really complicated, because her husband unfortunately passed away, before they went to their interview, but then she was still eligible for a green card because of the widow waiver Obama signed in Oct 2009.

[aaron2020 11,651]

He can apply for USC in Feb 2015.

When I look back at my case, I also had my I-94 long expired when I married my husband (who is US Citizen) and filed all the documents together. I never had a problem for overstaying, they didn't even asked and granted me my green card. That was in 2004-05. Has the law changed that much recently?

My mom and underage brother had also similar situation and adjusted their status after my mom got married in 2008, and we actually came to the USA with my mom and brother in May 2001 and were able to adjust still years later.

My moms case only got really complicated, because her husband unfortunately passed away, before they went to their interview, but then she was still eligible for a green card because of the widow waiver Obama signed in Oct 2009.

Overstays for the Immediate Relatives of US citizens are forgiven.

Overstays for spouses and children of LPRs are not.

Your father's family illegally immigrated to the US.

If they leave the US, then they will be ban from the US for years. If they overstay 180 days to 1 year, then it's a 3 years ban. If they overstay more than 1 year, then it's a 10 years ban.

If they try to adjust, they will be denied as long as your father is a LPR.

Your father needs his US citizenship. Once he has it, then his wife and her unmarried children under age 21 will be able to adjust.

Now, your father's family have a tough choice. Continue to live in the US illegally with the risk of detention, deportation, and a longer ban, or return home, be ban, and hope the hardship waiver is granted.

Ignorance of the laws is not an acceptable excuse. Your father's family made some poor uninformed choices which now have some very negative consequences.

Edited August 27, 2013 by aaron2020