My mom

[kissjo 2]

Hi, I had a baby and my mom came to help me.

She overstayed her visa and I would like to apply for her to become a US citizen when I become a citizen in 2015.

What will I have to do then? Will it be easy to change her status then and make her become a Permanent resident if she is still in the US? Thank you.

[belinda63 3,038]

If she isn't deported first, yes you can file for her when you become a citizen.

[cdneh 3,112]

What kind of visa did your Mom come here on? And how long ago was this?

[aaron2020 11,651]

Hi, I had a baby and my mom came to help me.

She overstayed her visa and I would like to apply for her to become a US citizen when I become a citizen in 2015.

What will I have to do then? Will it be easy to change her status then and make her become a Permanent resident if she is still in the US? Thank you.

So, your plan is for your mother to be an illegal immigrant until after 2015?

If your mother is not arrested and deported, then you file an I-130 and an I-485 to adjust her status. Her unlawful presence will be forgiven as an Immediate Relative of a US citizen.

If she leaves the US before getting a green card, then she will be subject to a 3 years or 10 years ban.

Very bad plan.

You also understand that your mother overstaying her visitor visa will make it harder for her fellow countrymen to get visitor visas right? Don't complain if people from the Ivory Coast are denied visitor visas when people like your mom abuse them to illegally immigrate to the US. Don't be mad when your other relatives are denied visas because of fraud because of people like your mom.

Edited September 27, 2013 by aaron2020

[kissjo 2]

Sorry, I know it sounds dumb, but why will she be deported?.. So many people come here and are not deported.. Why her?... She is just at home.. helping me with the baby.. Are they going to come proactively to get her from our house?..

She came with a legal tourist visa.

Please do not insult or be mean, I am just asking for information. If you just want to give judgment, keep it to yourself. If you have objective info, please please, let me know.. whether good or bad.. I just need the info!

Thanks.

[Mark88 183]

Sorry, I know it sounds dumb, but why will she be deported?.. So many people come here and are not deported.

True, there are a lot of illiegal immigrants in the US. But for every one you know of who is illiegaly here, there is always one who gets caught and deported.

Why her?... She is just at home.. helping me with the baby.. Are they going to come proactively to get her from our house?.

It doesn't matter who it is. If someone tells on her (neighbor, friend) or out of some dumb situation gets held up by the police, needs to go to the hospital/doctor, maybe somehow ICE will find out. And they will come to your house arrest her and put her into deportation proceedings. It happens more often than you realize.

She came with a legal tourist visa.

Why didn't you file a B-2 extension with USCIS? She could have stayed here legally for upto 12 Months in total.

If you have objective info, please please, let me know.. whether good or bad.. I just need the info!

Thanks.

My objective point of view in your situation, is that it is a really bad idea sitting this out another 3+ years.

Thanks.

You're welcome

[kissjo 2]

Hey how easy is it to file a B2 extension with USCIS?.. What would they like to know?.. Saying that she needs to stay to help with my baby seems a bit superficial?.. Isn't it?..

[Mark88 183]

Hey how easy is it to file a B2 extension with USCIS?.. What would they like to know?.. Saying that she needs to stay to help with my baby seems a bit superficial?.. Isn't it?..

I'ts very easy. All you have to do is file I-539, pay the fee and give a short explanation why she wants to extend her stay and how she can afford it (and if she has health insurance etc.).

Good advantage is though, it can take upto 3-5 months to process. This means even if they should deny her an extension she would have been here LEGALLY, since she was waiting for a pending application.

But since it looks like she is already out of status you won't be able to do this.

Information on how to file I-539 can be found here:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[kissjo 2]

Germany,

Sorry to keep on bogging you with this.. But she is not YET.. illegal.. She still has 1 month to go.. (I just said she was to see what would happen if she was..).. Please don't judge..

If I fill for this prolongation thing, do they give her 6 more months after they have accepted?.. So she can be here for 6 month (legal)+ 3 month(application for prolongation) + 6 more months prolongation (If accepted)?

When should I apply?? Couple of weeks before she is due to leave?..

She doesn't have insurance.. Will that be a big problem?.. How can she have insurance in this country when she doesn't work?.. ! But she is not sick at all...

Thank you soo very much!

[Mark88 183]

If I fill for this prolongation thing, do they give her 6 more months after they have accepted?.. So she can be here for 6 month (legal)+ 3 month(application for prolongation) + 6 more months prolongation (If accepted)?

It is 12 Months total. Example: Your mother came to visit you on 10 May 2013, her legal status is until 10 November 2013, you file extension on 27 September, approved 31 January 2013 with full time, she can stay until 10 May 2014. Not longer than that!

When should I apply?? Couple of weeks before she is due to leave?..

No, If she has only 1 month left in legal status, apply today!!! USCIS recommends you file no later than 45 days before her status expires. Send with registered mail! For more information on the whole process read the info here: http://www.path2usa.com/usa-visitor-visa-extension

She doesn't have insurance.. ! But she is not sick at all...

No matter how or when she came to the US, you should always have health insurance. Everyone can purchase health insurance, even if you don't work and even if they aren't a citizen. What if she has accident and needs medical attention? You as a the primany family will have to pay for her costs. And US Hospitals even have you deported for that! http://www.cbsnews.com/8301-204_162-57580905/report-u.s-hospitals-deported-hundreds-of-immigrants/

And just because she's healthy today, who knows what's in the future one year from now...

Will that be a big problem?

It might be. USCIS might want proofe of that. Every visitor is required to be able to support himself financialy when they enter the US. Having health insurance, or beeing able to pay for this no matter how high the cots are. Like I mentioned before, you don't have to work in order to have health insurance in the US: http://www.americanvisitorinsurance.com/

Germany,

Sorry to keep on bogging you with this...

Thank you soo very much!

No problem, you're welcome.