Helping my mom become a resident

[Arroyo77 2]

Hello,

 

I recently became a US citizen and want to help my mom become a resident or get her a visa. However, she is currently living in the country illegally. She's never had a criminal record or any issues with authorities. The only issue I have is that my grandma is currently sick in Mexico and she wants to go back to be with her. I'm wondering if she leaves the country, how much would it affect the process BEFORE I submit any paperwork?

 

 

[SalishSea 17,829]

14 minutes ago, Arroyo77 said:

Hello,

 

I recently became a US citizen and want to help my mom become a resident or get her a visa. However, she is currently living in the country illegally. She's never had a criminal record or any issues with authorities. The only issue I have is that my grandma is currently sick in Mexico and she wants to go back to be with her. I'm wondering if she leaves the country, how much would it affect the process BEFORE I submit any paperwork?

 

 

She will need to go back and ask for a waiver at her visa interview.

[geowrian 22,337]

If she has overstayed by 180+ days, she will have a 3 or 10 year bar. There is a waiver, but that is not a guarentee and will add considerable time and some expenses to the process.

 

Did she enter legally?

[Arroyo77 2]

No she did not enter here legally. She entered illegally but was never stopped or detained by immigration.

[geowrian 22,337]

20 minutes ago, Arroyo77 said:

No she did not enter here legally. She entered illegally but was never stopped or detained by immigration.

Then she will have to leave the US anyway. She cannot file for permanent residency via AOS as she has no status to adjust from.

 

There is a waiver - assuming it was her 1st EWI - for the overstay. But it only applies after the I-130 is approved and the case is at NVC. Then you can do an I-601A and wait for approval. Then interview abroad and avoid the ban if that is the only reason for being inadmissible.

But that is likely going to be like an 12 month timeline to get to NVC so you can even file the I-601A, and likely >18 month timeline for the interview (CDJ is severely backed up).

Edited December 10, 2019 by geowrian

[SalishSea 17,829]

3 minutes ago, Arroyo77 said:

No she did not enter here legally. She entered illegally but was never stopped or detained by immigration.

Then she has no legal status, and must go back to her country.  You can petition her for a visa, and she can request a waiver.

[geowrian 22,337]

Eek...ignore the waiver part above. I forgot this was for a parent. A child is not a qualifying relative for that waiver.

Edited December 10, 2019 by geowrian

[SalishSea 17,829]

1 minute ago, geowrian said:

Eek...ignore the waiver part above. I forgot this was for a parent. A child is not a qualifying relative for that waiver.

Oh?!  So would she have to ride out the bar?

[geowrian 22,337]

1 minute ago, Jorgedig said:

Oh?!  So would she have to ride out the bar?

Yup. A child is not a qualifying relative for either the I-601A or I-601 due to unlawful presence.

 

I-601A: https://www.uscis.gov/system/files_force/files/form/i-601ainstr.pdf

Quote

You must show that you have a U.S. citizen or LPR spouse or parent (qualifying relative) who would experience extreme hardship if you are refused admission to the United States. The qualifying relative does not need to be the relative who filed the immigrant visa petition, but he or she must be your U.S. citizen or LPR spouse or parent.

 

I-601: https://www.uscis.gov/system/files_force/files/form/i-601instr.pdf

Quote

With the application, you must establish that your qualifying U.S. citizen or lawful permanent resident relative (spouse or parent) or K visa petitioner would experience extreme hardship if you were denied admission.

 

[geowrian 22,337]

12 minutes ago, Jorgedig said:

Oh?!  So would she have to ride out the bar?

I would just note that just the "slight" difference in circumstances makes such a big difference.

Had they entered legally, they could have filed for AOS (and AP to travel abroad and return) while never getting the bar imposed and the overstay would not be an issue as the IR of a USC.

But since they EWI'd, they must leave the US first, which incurs the bar, and there is (assumingly) no qualifying relative here for the waiver. So they would have to wait out the bar.

[Arroyo77 2]

Wow that really sucks! 

 

[Zoeeeeeee 797]

20 hours ago, Arroyo77 said:

Wow that really sucks! 

 

I'm sure it does...and I appreciate how frustrating it must feel...but from my outsider's perspective, it doesn't seem unreasonable...there generally is, and should be, a consequence of breaking the law...

[Becci391 339]

22 hours ago, Arroyo77 said:

Wow that really sucks! 

 

What are you expecting?

She broke the law.

 

Sorry if this sounds harsh but she has to deal with the consequences now. 

[LilyJ 1,258]

How long has she been in the US illegally? Even though you can't petition for her now, you can once her bar is up. Though if she has been here illegally for over a year then she will be banned from entry for 10 years