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Posted

Good evening to you all,

 

So I am filling the I-129F and it's asking me about where my parents currently reside. I am a US citizen by birth but my mother is currently residing illegally in the US. Will it jeopardize her if I put that she lives in the US? Will it make any difference if I say she is living elsewhere?

 

Please, no insensitive comments about illegal immigration. If this is a repost, I apologize; I couldn't find any other posts regarding this. I am assuming it's not going to matter because the matter is not about my mom. I am petitioning my fiance and not my mother.

 

Thank you in advance

Filed: K-1 Visa Country: Wales
Timeline
Posted

What would you expect the consequences of lying under oath to be?

 

You also need to review the VJ tos.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

No option but to tell the truth. The I-129F is signed under threat of perjury.

"I certify, under penalty of perjury, that all of the information in my petition and any document submitted with it were provided or authorized by me, that I reviewed and understand all of the information contained in, and submitted with, my petition, and that all of this information is complete, true, and correct"

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: AOS (pnd) Country: El Salvador
Timeline
Posted

"Honesty is the best policy"

2 hours ago, MRMANIFESTO said:

but my mother is currently residing illegally in the US.

Are you 21 years old or older? Did your mother enter the US as "Entry Without Inspection" (i.e. illegal entry)? The info below mentions spouse, but parent of USC is also an immediate relative; https://www.fitzgeraldlawcompany.com/faq/waivers-inadmisibility.php:

Quote

I am a US citizen but my spouse entered without inspection, can I assist him/her in obtaining a green card?

Yes. You may file an I-130 petition with the appropriate USCIS service center and upon approval, you must file an I-864 Affidavit of Support with the National Visa Center and a DS-230 petition with either the National Visa Center or the consulate office as directed by the government. Your spouse must attend a medical examination appointment and a biometrics appointment in his/her country of origin, as determined by the consulate (unless the person is 245(i) eligible, in which case he/she would be allowed to adjust status [I-485] inside the U.S. simultaneously with the I-130 approval). Afterwards, your spouse must appear for a visa interview at the U.S. consulate. At that time, the U.S. government will make a decision if he/she case requires a “waiver of inadmissibility” or not. A “waiver of inadmissibility” is a pardon that is requested if someone has been in the U.S. illegally for more than 180 days or if they have violated other immigration rules, like using false documents or some other unlawful method to enter the U.S. The waiver of inadmissibility application, form I-601, is presented to the consulate and the consulate will forward the application to a USCIS officer for adjudication. This generally takes 10 months (the range of time for this is 4 to 24 months). The application must demonstrate that the resident or citizen spouse would suffer extreme hardship if the alien, or foreigner, is not able to return to the U.S.

If she entered legally, then it is easier to rectify her immigration status. You'll just need to file a I-130 (she can file a I-485 concurrently). Any unlawful status and illegal work is forgiven for an immediate relative of USC, if eligible for AOS. If she AOS, she will have "authorized stay" allowed by the US Attorney General.

Your Input Is Appreciated On This VJ Guide Proposal: 

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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