Mother in US Illegally- I-130?

[SusieQQQ 11,586]

7 minutes ago, KMArmenta said:

How can we find out for sure what type of ban she has? FOIA returned nothing.

https://www.uscis.gov/legal-resources/unlawful-presence-and-bars-admissibility

 

these give the basics for what you know she has done

[Paul & Mallory 1,398]

39 minutes ago, Sarah&Facundo said:

I have to say it, even though I am SURE there will be backlash about it but whatever. I won't reply to it.

 

I think sometimes we forget that when we are talking about people's situations especially illegals, we are talking about other HUMANS. Family members. People that are very meaningful to others. We are all here on visajourney because somewhere along the way, we were separated from our loved ones so if anything, we should be understanding. It isn't easy. Do people make mistakes or poor decisions? Yes. Are they aware this was not a smart idea? Yes. But the OP's mother-in-law is still a person---a human being. And as far as we know, she isn't a murderer or did any type of dangerous criminal activity that hurts someone. Sometimes I feel like people act like those who crossed/overstayed did the WORST possible thing imaginable. 

 

We know immigration is a hot topic and there are millions of illegal immigrants who have crossed/overstayed  in the US. But each one is a person with a story, family, etc.  But when these people want to try to fix it and do the right thing, there are literally ZERO options. If this country created some type of path to citizenship, these people could come out of the woodwork and  also become taxpayers. We could reunite families the right way. 

 

For those of us who did it legally, that is great. We have nothing at all to worry about. I can sleep at night knowing my husband is not at risk for deportation and that is great. I'm glad we went the route we did and we were guided well. My husband was not in any type of oppressed situation and never once felt like he had to leave due to bad circumstances in his country. My husband's immigration status is not effected by anyone else. But it just drives me crazy when people who gained status through marrying in or whatever all of a sudden act like they are better and more deserving than anyone else. No, they were just lucky they met the right person. It is situational. 

 

OP, I do not know enough about the system to advise you on how to fix your mother-in-law's situation. But I just want to say that I feel for you and your family and wish you the best of luck! 

Perhaps I've misunderstood something, but... this country does offer many paths to citizenship - legal paths. If we created an easy path for people who break the law and enter illegally to "cut in line", so to speak, and gain citizenship before, or alongside, those who take a legal route, what are we solving? It would become chaos and nobody would have any concept or respect of laws or rules.

 

Yes, these people are human. But the fact that the mother in law isn't a murderer or other type of criminal does not negate the fact that laws were broken - multiple times. That's what everyone is frustrated and heated about. Not that this is the same at all, but for metaphorical purposes - would you walk away from a long 10 or 12 hour day at work, come across someone robbing a bank and walking out with more money than you just worked so many long hard hours for, and decide they deserve it? Just because they broke a law - they didn't kill anyone, after all - and achieved the end goal faster than you did by working? Just saying.

Edited March 8, 2019 by Paul & Mallory

[Unlockable 7,314]

49 minutes ago, Sarah&Facundo said:

 

We know immigration is a hot topic and there are millions of illegal immigrants who have crossed/overstayed  in the US. But each one is a person with a story, family, etc.  But when these people want to try to fix it and do the right thing, there are literally ZERO options. If this country created some type of path to citizenship, these people could come out of the woodwork and  also become taxpayers. We could reunite families the right way. 

 

But they DO have options. And there IS a path for them. But it requires them to serve out their discipline for the actions. If a person enters the US illegally and lives here for years and have an eligible family member to petition for them; the process is for them is to 1. leave the US, 2. have eligible family member file petition and waiver(s) or wait out ban, 3. attend interview,  4. get approval,  5. reside in the US as a law abiding legal resident, 6. then in a few years can be eligible for citizens. But in the situation I just explain, there is no all-is-forgiven-path to legal residency because that would only lead to foreigners to simply disregards immigration laws.

Edited March 8, 2019 by Unlockable

[TBoneTX 45,319]

Multiple posts of a general political nature (and well-argued) have been removed.

Please use the Current Events forum for those discussions.

Reserve this thread for the OP's situation.

[Boiler 45,539]

Oops better delete.

Edited March 8, 2019 by Boiler

[The_Empyrean 733]

I mean.. How not to be heated when someone just avoids all the responsibilities to get in USA, get caught, still repeat the same thing and instead of getting legal presence through son, stays illegally.

People hire lawyers, pay money, get scrutinized, while others yell "amnesty for illegals. They are not killers, murderers, they just want to live a better life". Europe allowed people from middle easy, now they're (not generalizing) wreaking havoc there. London, Paris, You name it. 
There is a legal procedure, to screen fakes, frauds, show that you can be supported and you'll be given that green card.
Now, serve your sentence for your crimes and you might be allowed in.
If it's THAT bad in your country, go to a neighboring country that doesn't have extensive immigration procedures.
Only us, people who got here legally are bad people for yelling "go back to your country and serve the ban, immigrate legally". Illegals are bad ones, they broke the law, and don't want to face the consequences, avoid all problems at all costs and be granted assylum. How fair is that? it's not. Generally i don't care you're legally here or not, at the end we're all humans. Humans have rights, BUT HUMANS HAVE TO OBEY THE LAWS too. If you don't obey laws, why everyone should give you the same rights, if you don't follow same rules?
One comment with worker and robber was spot on. 

sorry for long rant. If it's too much, admin remove this post. 
 

[Boiler 45,539]

I am going for once in my life to agree with a Mod.

 

This thread is not the place for such discussions.

 

I am happy to discuss options and many of those if I was King would be different, but I am not, I do find it interesting how things are done, what possibilities are out there and happy to discuss the illogicalities on another thread.

[Tara & Rohit 224]

3 minutes ago, PaulMac said:

I mean.. How not to be heated when someone just avoids all the responsibilities to get in USA, get caught, still repeat the same thing and instead of getting legal presence through son, stays illegally.

People hire lawyers, pay money, get scrutinized, while others yell "amnesty for illegals. They are not killers, murderers, they just want to live a better life". Europe allowed people from middle easy, now they're (not generalizing) wreaking havoc there. London, Paris, You name it. 
There is a legal procedure, to screen fakes, frauds, show that you can be supported and you'll be given that green card.
Now, serve your sentence for your crimes and you might be allowed in.
If it's THAT bad in your country, go to a neighboring country that doesn't have extensive immigration procedures.
Only us, people who got here legally are bad people for yelling "go back to your country and serve the ban, immigrate legally". Illegals are bad ones, they broke the law, and don't want to face the consequences, avoid all problems at all costs and be granted assylum. How fair is that? it's not. Generally i don't care you're legally here or not, at the end we're all humans. Humans have rights, BUT HUMANS HAVE TO OBEY THE LAWS too. If you don't obey laws, why everyone should give you the same rights, if you don't follow same rules?
One comment with worker and robber was spot on. 

sorry for long rant. If it's too much, admin remove this post. 
 

I couldn't agree more! My fiance just had his interview yesterday and he was told to bring more evidence. Now we have to take MORE time to get everything they wanted (even though he had it with him). It's so frustrating!!! We did it the right way and it's because people do it the wrong way, that we're scrutinized  

[junkmart 320]

2 hours ago, Sarah&Facundo said:

I have to say it, even though I am SURE there will be backlash about it but whatever. I won't reply to it.

 

I think sometimes we forget that when we are talking about people's situations especially illegals, we are talking about other HUMANS. Family members. People that are very meaningful to others. We are all here on visajourney because somewhere along the way, we were separated from our loved ones so if anything, we should be understanding. It isn't easy. Do people make mistakes or poor decisions? Yes. Are they aware this was not a smart idea? Yes. But the OP's mother-in-law is still a person---a human being. And as far as we know, she isn't a murderer or did any type of dangerous criminal activity that hurts someone. Sometimes I feel like people act like those who crossed/overstayed did the WORST possible thing imaginable. 

 

We know immigration is a hot topic and there are millions of illegal immigrants who have crossed/overstayed  in the US. But each one is a person with a story, family, etc.  But when these people want to try to fix it and do the right thing, there are literally ZERO options. If this country created some type of path to citizenship, these people could come out of the woodwork and  also become taxpayers. We could reunite families the right way. 

 

For those of us who did it legally, that is great. We have nothing at all to worry about. I can sleep at night knowing my husband is not at risk for deportation and that is great. I'm glad we went the route we did and we were guided well. My husband was not in any type of oppressed situation and never once felt like he had to leave due to bad circumstances in his country. My husband's immigration status is not effected by anyone else. But it just drives me crazy when people who gained status through marrying in or whatever all of a sudden act like they are better and more deserving than anyone else. No, they were just lucky they met the right person. It is situational. 

 

OP, I do not know enough about the system to advise you on how to fix your mother-in-law's situation. But I just want to say that I feel for you and your family and wish you the best of luck! 

Thank you for writing, in much better words than I could have, exactly what I've been thinking reading through this thread. Nice to know there are like-minded people here.

Edited March 8, 2019 by junkmart

[geowrian 22,337]

2 hours ago, KMArmenta said:

Yes the twenty years has passed, but she has been in the US illegally the majority of the time.

The 20 years (assuming that is correct) of the ban haven't passed then. Only 20 chronological years have passed.

The 9C bar is the biggest issue as that is permanent and only waivable via an eligible relative + after 10 years outside of the US.

 

Quote

As said, she was given no paperwork at the time and when I requested records from USCIS they said there was no record of her name, but that did not include biometrics. Is there a specific way I can request to find out if it was a 9c ban? We are concerned it may have been said to her, but not properly filed.  

 

As she’s been here undocumented, how would immigration know the ban hasn’t been served outside the US? If she were to return to MX for us to file paperwork.

1) She will not lie as that absolutely will not go well.

2) I'm sure they can find records of her in the US during that time.

3) She has no verifiable evidence of being outside the US during that time (because she wasn't). How was she supporting herself outside the US for 20+ years?

There's virtually no way a CO would miss all of the points above.

 

2 hours ago, KMArmenta said:

Would there be essentially no option for me to sponsor her for a work visa because of these things as well?

Same type of issues with the bar as noted previously. A waiver is technically available but I just can't see that actually happening. This is theoretical, not practical.

 

2 hours ago, KMArmenta said:

I can get her certified as a technician fairly quickly and hire her into my tanning salon, or I could hire her in as a bookkeeper for my primary business.

As others noted, this isn't how US work visas work. Tanning salon techs and bookkeepers are not generally eligible for any work visa. Most work visas require at least a BS in a relevant field, are very expensive to the employer, must show that a US-authorized worker cannot be found, etc. Also, trying to get a work visa for a close family member is going to raise quite a few flags.

 

Basically, a work visa option is not remotely practical.

Edited March 8, 2019 by geowrian

[KMArmenta 7]

2 minutes ago, geowrian said:

The 20 years (assuming that is correct) of the ban haven't passed then. Only 20 chronological years have passed.

The 9C bar is the biggest issue as that is permanent and only waivable via an eligible relative + after 10 years outside of the US.

 

1) She will not lie as that absolutely will not go well.

2) I'm sure they can find records of her in the US during that time.

3) She has no verifiable evidence of being outside the US during that time (because she wasn't). How was she supporting herself outside the US for 20+ years?

There's virtually no way a CO would miss all of the points above.

 

Same type of issues with the bar as noted previously. A waiver is technically available but I just can't see that actually happening. This is theoretical, not practical.

 

As others noted, this isn't how US work visas work. Tanning salon techs and bookkeepers are not generally eligible for any work visa. Most work visas require at least a BS in a relevant field, are very expensive to the employer, must show that a US-authorized worker cannot be found, etc. Also, trying to get a work visa for a close family member is going to raise quite a few flags.

 

Basically, a work visa option is not remotely practical.

I figured it would be far fetched, but I still wanted to be sure. 

[Boiler 45,539]

8 minutes ago, geowrian said:

The 20 years (assuming that is correct) of the ban haven't passed then. Only 20 chronological years have passed.

The 9C bar is the biggest issue as that is permanent and only waivable via an eligible relative + after 10 years outside of the US.

 

The 20 years plus made me think 9C may not apply, can not tell.

[Hypnos 6,576]

Lot to unpack here.

 

As stated by others, your MIL is likely subject to a 9C permanent bar due to entering lawfully (or attempting to enter, in one case) twice. This is a lifetime bar from the US for which a waiver is only available after ten years of documented presence outside the US. 

 

Under normal circumstances, your husband's military service may well have qualified her for Parole In Place (PIP) despite her unlawful entry. Unfortunately, her 9C bar now precludes this option, if indeed she has a 9C bar. 

 

The final hail Mary option is what is called Cancelation of Removal. This is an extremely high bar to reach, and basically says that there would be exceptional and unusual hardship to the qualifying relative (your husband), not your MIL, if she were removed. CoR also requires that the applicant has been present in the US for at least ten years, and is in removal proceedings already (hence "cancelation" of that removal). 

 

It is extremely difficult to get CoR approved. Doing so would not be fast or cheap, but absent your MIL actually departing the US for ten years I see no other options. 

 

But first, she should file a FOIA request with CBP (that can be done online: https://foiaonline.gov/foiaonline/action/public/request) seeking all of her prior entry records. This should confirm whether or not she has at least two previous removals and so is subject to a 9C bar.

 

You state that she has previously filed FOIA requests with USCIS. Since it sounds as if she has never filed for an immigration benefit then that would be why no records were returned. USCIS does not handle removals; deportation is in the purview of ICE and CBP. 

Edited March 8, 2019 by Hypnos

[Boiler 45,539]

7 minutes ago, Hypnos said:

Lot to unpack here.

 

As stated by others, your MIL is likely subject to a 9C permanent bar due to entering lawfully (or attempting to enter, in one case) twice. This is a lifetime bar from the US for which a waiver is only available after ten years of documented presence outside the US. 

 

Under normal circumstances, your husband's military service may well have qualified her for Parole In Place (PIP) despite her unlawful entry. Unfortunately, her 9C bar now precludes this option, if indeed she has a 9C bar. 

 

The final hail Mary option is what is called Cancelation of Removal. This is an extremely high bar to reach, and basically says that there would be exceptional and unusual hardship to the qualifying relative (your husband), not your MIL, if she were removed. CoR also requires that the applicant has been present in the US for at least ten years, and is in removal proceedings already (hence "cancelation" of that removal). 

 

It is extremely difficult to get CoR approved. Doing so would not be fast or cheap, but absent your MIL actually departing the US for ten years I see no other options. 

 

But first, she should file a FOIA request with CBP (that can be done online: https://foiaonline.gov/foiaonline/action/public/request) seeking all of her prior entry records. This should confirm whether or not she has at least two previous removals and so is subject to a 9C bar.

 

You state that she has previously filed FOIA requests with USCIS. Since it sounds as if she has never filed for an immigration benefit then that would be why no records were returned. USCIS does not handle removals; deportation is in the purview of ICE and CBP. 

Children are no Qualifying Relatives, need a Spouse or Parent.No mention of either.

[Crazy Cat 41,893]

56 minutes ago, geowrian said:

The 9C bar is the biggest issue as that is permanent and only waivable via an eligible relative + after 10 years outside of the US.

To clarify for my simple brain, a 9C means the person has to prove they have been outside the US for 10 years before they can even apply for a waiver, correct?