us born file for my mom

[Langie03@hotmail. 0]

i just turn 21, i want to file for my mom she is living in the US what should I do.

Your input will be greatly appreciated.

 

[geowrian 22,338]

On what basis/status is she living in the US? On what status did she enter?

[Langie03@hotmail. 0]

yes she's living in the US and she has TPS now. She enter with a K-1 visa

[SalishSea 18,236]

I'm confused.  Did she not AOS on the K-1?  Are you a USC?

[Langie03@hotmail. 0]

She is in the US, but when she enter she came with a K-1 visa

[geowrian 22,338]

21 minutes ago, Langie03@hotmail. said:

yes she's living in the US and she has TPS now. She enter with a K-1 visa

Oh..that's a problem. She can only AOS via the original petitioner. This is a strict requirement of the K-1 visa.

 

She will have to leave the US to get an immigrant visa via your petition. The problem is she will get a bar for an overstay of 180+ days (10 year bar at 1 year or longer overstay).

There is a waiver, but a child cannot file for it. She would need to have a qualifying relative in order to qualify.

Edited February 11, 2020 by geowrian

[Boiler 46,349]

When did she enter, when did she get TPS.

[Langie03@hotmail. 0]

I am a US born,and  I am filing for my mom. She is here in the US with me.

Do I need to file I-130 and I-485 together at the same time or separate. Thanks in advance for your input.

[NigeriaorBust 4,087]

  Is she visiting or ??   What is her current status in the US ? 

[Lil bear 4,375]

35 minutes ago, Langie03@hotmail. said:

I am a US born,and  I am filing for my mom. She is here in the US with me.

Do I need to file I-130 and I-485 together at the same time or separate. Thanks in advance for your input.

If she is currently in the US.. hopefully entered using a valid tourist visa or VWP... then yes .. file I130 and I 485..  as well as the I131 for travel Authorization .. and I 765 for work Authorization. 
I hope you have a plan for health insurance , as of Feb 24 , all applications will be subjected to stringent public charge guidelines which include needing health coverage. 
 

[Just Paul 4,595]

1 hour ago, Lil bear said:

If she is currently in the US.. hopefully entered using a valid tourist visa or VWP... then yes .. file I130 and I 485..  as well as the I131 for travel Authorization .. and I 765 for work Authorization. 
I hope you have a plan for health insurance , as of Feb 24 , all applications will be subjected to stringent public charge guidelines which include needing health coverage. 
 

Mother came in on a K1 and did not adjust AND also has TPS.   This is the 3rd time the OP has asked the question without presenting the facts at the time of asking.

 

[Lil bear 4,375]

1 minute ago, Paul & Mary said:

Mother came in on a K1 and did not adjust AND also has TPS.   This is the 3rd time the OP has asked the question without presenting the facts at the time of asking.

 

Thx. Hadn’t noticed the other posts .. just commenting in the thread 

[Unlockable 7,316]

*** Threads about the same topic merged. Do not make multiple threads about the same topic.

VJ Moderation

[josue818 20]

If you are in the Ninth Circuit your mother may be able to adjust by virtue of having TPS. You should try and get an attorney for this process. There are a lot of non profits that are either free or affordable and can help you with this process if you are in CA. In Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017), the Ninth Circuit held that a grant of Temporary Protected Status (TPS) constitutes an "admission" for purposes of adjustment of status under section 245(a) of the Immigration and Nationality Act (INA).

[Boiler 46,349]

2 minutes ago, josue818 said:

If you are in the Ninth Circuit your mother may be able to adjust by virtue of having TPS. You should try and get an attorney for this process. There are a lot of non profits that are either free or affordable and can help you with this process if you are in CA. In Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017), the Ninth Circuit held that a grant of Temporary Protected Status (TPS) constitutes an "admission" for purposes of adjustment of status under section 245(a) of the Immigration and Nationality Act (INA).

His mother was admitted.