Adjustment of Status for Parents with Unlawful Presence

[gaby08 5]

Hi!

 

Is anyone petitioning or has petitioned for their undocumented parents? what kind of interview questions do they ask parents?  Here's our story:

 

Both my parents have been undocumented in the U.S. for 20+ years -- my mom entered with a visa and my dad entered without inspection/illegally. He literally walked in from Brownsville, TX with his ID back in the early 90s. It wasn't a huge deal back then people came and went. Anyways, the laws have changed over the years making them exempt from current laws pertaining to AOS for undocumented individuals. For people that overstayed their visa's they allow AOS based on family petition (my mom qualifies) which is the reason she is allowed to adjust status while physically in the U.S. -- My dad is a bit different, since he came many years ago he tried to adjust status in the early 2000s with the i-245 Provision of the LIFE act. He almost received an employer based green card, but everything fell through towards the last steps in the process when the company sponsoring him was sold, the new owners did not want to continue the sponsorship. Anyway, based on his previous try at adjusting his status, we paid a penalty of $1000 for unlawful presence but he is allowed to stay in the U.S. while adjusting status. 

 

If that made sense, since petitioning them over a year ago, they have been approved in every step of the process, they are both legally in the U.S. right now, they now have an employment authorization permit I-767 and a social security #. However, they were granted temporary status while we wait for the Green Card interview (i-485) 

 

What I want to know is, if there's anyone here that has gone through a similar process, what questions are my parents going to be asked during the final interview? We want to prepare to ensure we have as many documentation and answers to possible questions. 

 

Thank You in Advance!

 

 

[Coco8 1,042]

Are you a US citizen?

 

I think your mum's case is easy because she overstayed a visa. She should be able to adjust with in the US without leaving, which is the best option.

 

Your dad's case is different because he doesn't have a record of his initial entry. I'm not sure if all of what happened in between is relevant (almost getting a green card). I think you might need a waiver and I'm not sure if he can adjust within the US. 

 

Which interview are you talking about?

Edited July 3, 2018 by Coco8

[gaby08 5]

Hi!

 

Thanks for your response, yes I'm a citizen and my dad is protected under the 245-i life act, which required us to pay a $1,000 penalty to allow him to remain the U.S. to adjust status. We're now just waiting for the i-485 interview (To register for permanent residency) I'm wondering what type of questions they'll ask my parents?

 

11 minutes ago, Coco8 said:

Are you a US citizen?

 

I think your mum's case is easy because she overstayed a visa. She should be able to adjust with in the US without leaving, which is the best option.

 

Your dad's case is different because he doesn't have a record of his initial entry. I'm not sure if all of what happened in between is relevant (almost getting a green card). I think you might need a waiver and I'm not sure if he can adjust within the US. 

 

Which interview are you talking about?

 

[Going through 5,671]

8 minutes ago, gaby08 said:

I'm wondering what type of questions they'll ask my parents?

Not sure of *every* question that will be asked, since that depends on your parents' entire immigration history, and what documents they have presented.

 

General ones will be confirming how they each first entered the country, if they are presently employed, what their relation is to you (they may be asked what your legal status is and how you first entered the country).

 

Your father's case will probably receive a bit more scrutiny than your mother's, questioning-wise.