My Friend is a US Citizen, Can She Petition Her mom?

[Angel012110 19]

My Best Friend Just Became a US Citizen and She is Wondering if the Same "Forgiveness" is given to parents as to spouses of us citizens. She Wants to Petition For Her mother and her 2 sisters that have been living in the us Illegally For 6 years, They Have never left the us and are still here. Is the process of AOS the Same as with a Spouse?

[Harpa Timsah 13,258]

Yes, the concurrent AOS for a spouse is very similar to a parent and overstay is irrelevant/forgiven. Did the mother enter legally?

The sisters will be a problem Overstay is not forgiven for siblings not for children over 21 (if the mother would get USC and then petition them). How old are the sisters?

Edited April 9, 2014 by Harpa Timsah

[Angel012110 19]

They entered legally on a tourist visa from argentina and her sisters are 15 and 12

[Harpa Timsah 13,258]

So once the mom gets LPR then she can file for her kids. The 15 year old should leave the US before her 18.5 birthday if she has not been approved for AOS yet. Then she can come back once the immigration goes through. Otherwise she will be ineligible.

[aaron2020 11,651]

Hi,

Here is the deal.

USC friend can file for her mother to adjust status. Visa overstays are forgiven for Immediate Relatives of USC, so mom's overstay will be forgiven.

USC friend can file for her sisters, but it's not going to help them. It takes 12 years and visa overstays are not forgiven for those in the Family Preference Categories. (Personally, I would not waste money filing for the sisters.)

Once mom gets her green card, she can file for the sisters. They cannot immediately adjust. They must wait for their Priority Dates to become current to file to adjust.

Minors do not accrue "days of unlawful presence." If their PD becomes current before age 18, then they can adjust with no problem since they will not have accrue any days of unlawful presence.

Once they turn 18, they will begin to accrue days of unlawful presence. They cannot adjust status after age 18 because they would be visa overstays and the rule protecting minors will no longer apply to them. If they leave before accruing 180 days of unlawful presence after turning 18, then they are fine and can qualify for immigration visas without waivers.

Once they have over 180 days of unlawful presence, they are subject 3 years bans once they leave they US. If they accrue more than one year of unlawful presence, they will receive 10 years bans once they leave the US. With 3 years or 10 years bans, their immigration visas will be denied and they will need waivers.

Best of luck to your friend and her family.

Edited April 10, 2014 by aaron2020

[Angel012110 19]

Thanks! Perfect Explanation! I will Let her know!

Hi,

Here is the deal.

USC friend can file for her mother to adjust status. Visa overstays are forgiven for Immediate Relatives of USC, so mom's overstay will be forgiven.

USC friend can file for her sisters, but it's not going to help them. It takes 12 years and visa overstays are not forgiven for those in the Family Preference Categories. (Personally, I would not waste money filing for the sisters.)

Once mom gets her green card, she can file for the sisters. They cannot immediately adjust. They must wait for their Priority Dates to become current to file to adjust.

Minors do not accrue "days of unlawful presence." If their PD becomes current before age 18, then they can adjust with no problem since they will not have accrue any days of unlawful presence.

Once they turn 18, they will begin to accrue days of unlawful presence. Once they have over 180 days of unlawful presence, they are subject a 3 years bans once they leave they US. If they accrue more than one year of unlawful presence, they will receive 10 years bans once they leave the US. If they leave before accruing 180 days of unlawful presence after turning 18, then they are fine and can qualify for immigration visas.

Best of luck to your friend and her family.