Filing for Parent

[SupportOAFJF 0]

My mom came in the country undocumented is there anyway I can file for her ? Or what options do I have ?

Any info would be great

Thanks

[YuAndDan 153]

Only a US Citizen can apply for a parent, so first you need to be a naturalized citizen.

As for the undocumented status, that will be a Bar to the whole process, and will need to be resolved by voluntarily returning to home country, and then filing for a waiver if and when a visa is being interviewed for.

[Kez/JWolf 6]

She would have to return to her home country before you could file for her and you would have to be a citizen before you could file for a parent.....

Kez

[SupportOAFJF 0]

Only a US Citizen can apply for a parent, so first you need to be a naturalized citizen.

As for the undocumented status, that will be a Bar to the whole process, and will need to be resolved by voluntarily returning to home country, and then filing for a waiver if and when a visa is being interviewed for.

Thanks guys...I am a US citizen. She has been in the country now 11 yrs. She even got a work permit and went for finger prints and was told that she awaiting an interview. But I guess they realised this now. She paid $1000 fine for something and and this other money, you think they would have mentioned this yrs ago.

Thanks again

[YuAndDan 153]

Only a US Citizen can apply for a parent, so first you need to be a naturalized citizen.

As for the undocumented status, that will be a Bar to the whole process, and will need to be resolved by voluntarily returning to home country, and then filing for a waiver if and when a visa is being interviewed for.

Thanks guys...I am a US citizen. She has been in the country now 11 yrs. She even got a work permit and went for finger prints and was told that she awaiting an interview. But I guess they realised this now. She paid $1000 fine for something and and this other money, you think they would have mentioned this yrs ago.

Thanks again

You may be able to file I-130/I-485, and I-485A to pay that $1000 fine and adjust her status in the USA.

Section 245(i) of the Act allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even though some of the conditions required by section 245(a) and © of the Act are not met. Aliens in the United States who have an immigrant visa immediately available, but who entered the United States without inspection, remained in the United States past the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245

You may apply for adjustment of status to that of LPR under section 245(i) if you:

• Are physically present in the United States when the application is submitted; and
  
• Have an immigrant visa number immediately available; and (Parents of Citizen have an imediate visa number available as IR)
  
• Are admissible to the United States for permanent residence; and
  
• Are the beneficiary of an approvable-when-filed visa petition, or an application for labor certification filed on or before April 30,2001; and
  
• Pay a $1,000.00 penalty fee (unless exempted).
  

http://www.uscis.gov/files/form/i-485supa.pdf

I would do this now before all the fees go up July 30.

[SupportOAFJF 0]

Only a US Citizen can apply for a parent, so first you need to be a naturalized citizen.

As for the undocumented status, that will be a Bar to the whole process, and will need to be resolved by voluntarily returning to home country, and then filing for a waiver if and when a visa is being interviewed for.

Thanks guys...I am a US citizen. She has been in the country now 11 yrs. She even got a work permit and went for finger prints and was told that she awaiting an interview. But I guess they realised this now. She paid $1000 fine for something and and this other money, you think they would have mentioned this yrs ago.

Thanks again

You may be able to file I-130/I-485, and I-485A to pay that $1000 fine and adjust her status in the USA.

We did all that but now they're saying something else, as if she has to go home still

Section 245(i) of the Act allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even though some of the conditions required by section 245(a) and © of the Act are not met. Aliens in the United States who have an immigrant visa immediately available, but who entered the United States without inspection, remained in the United States past the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245

You may apply for adjustment of status to that of LPR under section 245(i) if you:

• Are physically present in the United States when the application is submitted; and
  
• Have an immigrant visa number immediately available; and (Parents of Citizen have an imediate visa number available as IR)
  
• Are admissible to the United States for permanent residence; and
  
• Are the beneficiary of an approvable-when-filed visa petition, or an application for labor certification filed on or before April 30,2001; and
  
• Pay a $1,000.00 penalty fee (unless exempted).
  

http://www.uscis.gov/files/form/i-485supa.pdf

I would do this now before all the fees go up July 30.

I'll definately see whats going on now....