Adjusting status for parents that entered with a B2 Visa in 1999

[LucyR 0]

Help please, 

 

Husband just became a a US Citizen and he wants to petition for his parents who arrived on a B2 Visitor visa back in 1999 through Brownsville Texas. They have been living here for 17 years now and have never left but have worked in the US without authorization. Are they still able to apply? Are there any kind of bars/bans they are looking at? I believe these are the forms that we need to file.

 

Back in February 2001 husband's aunt US Citizen filed an I-130 Petition for my father in law and his family. I-130 was approved so he is somehow protected under the 245i. No visas are available at this time to brothers and sisters of US citizens. But now that my husband is they are immediate family to a US Citizen. 

 

I-130

I-485- ?#16 Have you ever worked in the US without Authorization? How should we answer?

I-864 Affidavit of Support

I-765 Work Authorization

 

Any help would be appreciated thank you!!

[Going through 5,671]

1 hour ago, LucyR said:

They have been living here for 17 years now and have never left but have worked in the US without authorization.

 

1 hour ago, LucyR said:

I-485- ?#16 Have you ever worked in the US without Authorization? How should we answer?

Basically you answered your own question ....since they have worked in the US without authorization, and the question on the form is asking whether they have or not---they would write down "yes".

 

They will also have to answer "yes" to the question(s) about violating the terms or conditions of their non-immigrant status. (as they overstayed their tourist visa since 1999)

[LucyR 0]

So will they receive the 10 year bar since they overstayed the visa and worked illegally? I? Super worried because I know there is not a waiver for parents of Us Citizens available. 

[azblk 338]

2 hours ago, LucyR said:

So will they receive the 10 year bar since they overstayed the visa and worked illegally? I? Super worried because I know there is not a waiver for parents of Us Citizens available. 

No they will not. They can adjust with no problem

[MelandJason 60]

There is a waiver for illegal presence and I have read in there blogs that first the process for the waiver and then the documents for the adjustment of status but they would have to leave their country of origin because the interview would be in their consulate, I do not know very well about it but I think you can reserch about that 

 

 

https://www.uscis.gov/i-601a

[azblk 338]

5 hours ago, Going through said:

 

Basically you answered your own question ....since they have worked in the US without authorization, and the question on the form is asking whether they have or not---they would write down "yes".

 

They will also have to answer "yes" to the question(s) about violating the terms or conditions of their non-immigrant status. (as they overstayed their tourist visa since 1999)

This is irrelevant . They are immediate relatives of a USC and can adjust even with illegal work and overstay.

1 minute ago, MelandJason said:

There is a waiver for illegal presence and I have read in there blogs that first the process for the waiver and then the documents for the adjustment of status but they would have to leave their country of origin because the interview would be in their consulate, I do not know very well about it but I think you can reserch about that 

 

 

https://www.uscis.gov/i-601a

Not Needed

[azblk 338]

7 hours ago, LucyR said:

Help please, 

 

Husband just became a a US Citizen and he wants to petition for his parents who arrived on a B2 Visitor visa back in 1999 through Brownsville Texas. They have been living here for 17 years now and have never left but have worked in the US without authorization. Are they still able to apply? Are there any kind of bars/bans they are looking at? I believe these are the forms that we need to file.

 

Back in February 2001 husband's aunt US Citizen filed an I-130 Petition for my father in law and his family. I-130 was approved so he is somehow protected under the 245i. No visas are available at this time to brothers and sisters of US citizens. But now that my husband is they are immediate family to a US Citizen. 

 

I-130

I-485- ?#16 Have you ever worked in the US without Authorization? How should we answer?

I-864 Affidavit of Support

I-765 Work Authorization

 

Any help would be appreciated thank you!!

They can apply. No bars.

 

http://www.visajourney.com/content/i130guide2

[Umka36 781]

OP, can we assume they never claimed being US citizen on any of the hiring forms during their unauthorized employment?

[Going through 5,671]

22 minutes ago, azblk said:

This is irrelevant . They are immediate relatives of a USC and can adjust even with illegal work and overstay.

Never said they couldn't adjust status with the overstay/illegal work.  My response was to whether or not the info has to be disclosed on the application----which is what the OP asked.  Hopefully, they remain truthful on the application.

[LucyR 0]

Thank you all very much for your responses. 

 

[LucyR 0]

Im getting ready to finally send there AOS family based packet now the difficult part is finding documents showing that theyve resided here in the US since 1999. Mother in law has check stubs for 2000-2013 but I dont feel comfortable sending this since of course she worked ilegally. Any other ideas on what else I can send as proof. I will be ordering a criminal background check( possible speeding tickets)  as well as a DMV driving history and maybe showing possible other driving violations in those earlier years . 

 

Any advice ?  

[azblk 338]

16 minutes ago, LucyR said:

Im getting ready to finally send there AOS family based packet now the difficult part is finding documents showing that theyve resided here in the US since 1999. Mother in law has check stubs for 2000-2013 but I dont feel comfortable sending this since of course she worked ilegally. Any other ideas on what else I can send as proof. I will be ordering a criminal background check( possible speeding tickets)  as well as a DMV driving history and maybe showing possible other driving violations in those earlier years . 

 

Any advice ?  

You don't need to show that they have lived here since 1999. It is irrelevant to their case. All you need to show is that they entered legally in 1999, that means you need a i-94, immigration stamp in their passport or some record of them being inspected at border.

[LucyR 0]

So no need to stress out about providing additional documentation of the overstayed dates in the US. I just send the I-130, I-485, I-864, I765 along with passport pictures, birth certificates, marriage certificates for my parents showing I am there child. 

[azblk 338]

2 hours ago, LucyR said:

So no need to stress out about providing additional documentation of the overstayed dates in the US. I just send the I-130, I-485, I-864, I765 along with passport pictures, birth certificates, marriage certificates for my parents showing I am there child. 

It is irrelevant to their case. The only things you need to show is that they entered legally and that they are your parents. 245(i) only comes into play if they cant not show they entered legally.

[SteveE 25]

You may find some relevance in my own journey.

 

I entered the US originally in 1988 via a B2 visitors visa and in 1989 married my USC girlfriend. We filed for AOS and I had an interview where I received an I-551(temporary green card) stamp in my passport valid for 2-years. We separated soon after and divorced prior to the two year mark of our marriage. I never filed for removal of conditions (to be honest I didn't even know you could if you divorced).

 

I later married my current wife, also a USC and for one reason and another we never got round to re-filling AOS until January last year. I have remained within the US ever since I originally arrived in 1988. We self-filed our AOS and included copies of my original passport with the I-551 stamps etc... in it (I no longer had an I-94 as they took it when I originally filed for AOS in 1989). 

 

We received no RFE's and got our interview date in the Los Angeles field office in June 2018. The interview lasted somewhere close to an hour as I recall and the IO was pleasant and polite throughout. My prior marriage came up and was discussed in superficial detail and there were some questions the IO had for his supervisor regarding procedural issues due to my prior filing. We provided over 5 years of joint tax returns and my work history never came up at all. The IO said at the end of the interview that he couldn't approve me on the spot as he had to verify some details with his supervisor which he expected to take no more than a couple of days.

 

The day after the interview I received text and email notifications that our case was approved and I received my 10 year green card in hand just over a week later.

 

So I had over 25 years of being out of status and many years of work without valid authorization. None of these were an issue due to filing for AOS as an immediate relative of a USC who entered the US with inspection and no criminal record or prior deportation order(s).

 

Hope this helps in some way.