Sponsoring my undocumented mother

[Sponsoring my mom 0]

Hi, I'm sponsoring my undocumented mom who currently resides in California. As I was looking through the forms, the I-485 says that a person is not eligible for adjustment of status if he/she overstayed her allowable stay in the US. How do I approach this if my mom did exactly that? Note: my mom never left the US and I am a US citizen. Will we need a lawyer to represent us the entire process or is it not necessary? I think we have all forms and documents needed but we are concern about this specific part on I-485. Anyone have gone thru the same process? Please help and share your experience. Thank you!

[Pitaya 2,577]

~Duplicate thread removed~

[aleful 1,905]

hi

how did she enter the country? if she entered legally and you are over 21 you can file for her. overstay is forgiven for parents of a USC who entered legally in the country with some type of visa, such as tourist visa, and the i94, work visa, student visa

if she entered illegally then you cannot file for her. I mean you could but you would only be able to file the i130 and she would have to leave the country, having a 10 year ban

[sbai2000 31]

As long as she entered with inspection, your mother's overstay will be forgiven because you (her USC child) is an immediate relative. She will have to pay a fine though....I think its $1000.....and you will also need to be 21 years old to file for her. Also make sure you have adequate income...if not start looking for a co-sponsor.

Finally and most importantly, don't forget to take advantage of the fact that you are an immediate relative, and file for your mother concurrently because she is not subject to visa limits. So file I-130 at the same time you file the 1-485....along with all the other forms....the biographic forms (I've forgotten the number), and the I-864, which is the affidavit of support.

Also, if your mother is working or will need to work you should file the EAD (employment authorization document) at the same time so she will get her work permit within 90 days of you filing. (I think that form 1-765). there is no fee for this form and by law they have to give her the work permit within 90 days.

All the best to you and your mother!

[aleful 1,905]

hi

no fine, overstay is forgiven, it isn't forgiven if she has to pay a fine

[sbai2000 31]

hi

no fine, overstay is forgiven, it isn't forgiven if she has to pay a fine

and you know this from experience...correct?

[belinda63 3,047]

Over stay is forgiven with no fine for immediate family members of US citizens. The very old amnesty program, which has not been in affect for more than 10 years, required a fine be paid.

[Sponsoring my mom 0]

Thanks for all your responses. If any of you guys went to the process did you have to hire an attorney?

[belinda63 3,047]

Did she enter with inspection or did she sneak across the border? This will determine the path you follow to file for her.

[Sponsoring my mom 0]

I haven't heard of any fine or anything like that, but I'll research it for sure. I think I have all the documents necessary but the thing that I feel not sure about is if I do need an attorney to represent us.

Did she enter with inspection or did she sneak across the border? This will determine the path you follow to file for her.

she entered legally with a B1/B2 tourist visa

[belinda63 3,047]

You can file for her and do it yourself. The method you follow depends if she came with inspection, in other words with a visa, in which case you follow the guides for concurrent filing or if she snuck into the country, in which case you file the I-130 and I-601A, wait for approval, she returns to her country and applies for a visa there.

[Sponsoring my mom 0]

hi

how did she enter the country? if she entered legally and you are over 21 you can file for her. overstay is forgiven for parents of a USC who entered legally in the country with some type of visa, such as tourist visa, and the i94, work visa, student visa

if she entered illegally then you cannot file for her. I mean you could but you would only be able to file the i130 and she would have to leave the country, having a 10 year ban

She came in the US legally with a B1/B2 tourist visa

[sbai2000 31]

Thanks for all your responses. If any of you guys went to the process did you have to hire an attorney?

you could do this on your own but if I were you, I would hire an attorney because your mother is out of status.

if anything were to go wrong, she would be in a very vulnerable situation and could be picked up by ICE. So spend the money and hire a good attorney, remember that they are accountable to you. So keep on top of them and don't assume that you can take your eye of the case.

[Sponsoring my mom 0]

You can file for her and do it yourself. The method you follow depends if she came with inspection, in other words with a visa, in which case you follow the guides for concurrent filing or if she snuck into the country, in which case you file the I-130 and I-601A, wait for approval, she returns to her country and applies for a visa there.

You said if she enters legally I can file for her and do it myself? That's why I'm trying to do, did you go the same process? Did you have to hire a lawyer?

you could do this on your own but if I were you, I would hire an attorney because your mother is out of status.

if anything were to go wrong, she would be in a very vulnerable situation and could be picked up by ICE. So spend the money and hire a good attorney, remember that they are accountable to you. So keep on top of them and don't assume that you can take your eye of the case.

Thank you. I'm really looking to hire a lawyer, I was just seeing other options to not spend a lot of money as it may cost a lot of money.

[aleful 1,905]

Over stay is forgiven with no fine for immediate family members of US citizens. The very old amnesty program, which has not been in affect for more than 10 years, required a fine be paid.

the 245i is still going on for those who applied before April 30th, 2001 and entered the country by Dec 21st, 2000

there are Mexican children over 21 and siblings and Philippines

anyone that has over 15 years of waiting still are waiting for a visa to become available, under the 245i

I was petitioned by my mom under the 245i law and paid the fine. She filed for me in 1999, had my interview in January of 2005 and became a USC in 2010

under the 245i it doesn't matter how you entered, because I entered legally with a tourist visa and also the first time with a VWP, I overstayed on my i94 entry