Elderly Mother Over Stayed

[Darkchop 1]

My father passed a couple of months ago (he lived with us for a couple of years back (with Permanent VISA) about 7 yrs ago before he got sick and went back home) and I want to bring my mom here to alternate between here and the Philippines where we are from.  Here is where I need help.  She worked in the US and over stayed by 1 yr and was banned for 10 yrs.  She left the US in 2005.  How and what do i need to file to bring her here?  Am i going to have problems with filing since she over stayed although that was over 15 years ago?

 

TIA!

[Boiler 45,993]

Alternate sounds tricky, but yes you can sponsor her to immigrate, the bar for the overstay has long gone.

 

Did she accumulate enough quarters for Medicare?

[JeanneAdil 6,610]

57 minutes ago, Boiler said:

Alternate sounds tricky, but yes you can sponsor her to immigrate, the bar for the overstay has long gone.

 

Did she accumulate enough quarters for Medicare?

Great question

but even more

Did your dad work 5 years (40 quarters ) and pay into Social Security?

that might make your mom eligible for survivor's benefits (if over 60, etc) 

but she can not have medicare unless she gets SSA or SSI 

AARP explains it well to seniors

 

https://www.aarp.org/retirement/social-security/questions-answers/how-do-survivor-benefits-work.html#:~:text=They can collect survivor benefits,depending on the

[aaron2020 11,651]

40 quarters is ten years.

[SusieQQQ 11,587]

21 minutes ago, JeanneAdil said:

Great question

but even more

Did your dad work 5 years (40 quarters ) and pay into Social Security?

that might make your mom eligible for survivor's benefits (if over 60, etc) 

but she can not have medicare unless she gets SSA or SSI 

AARP explains it well to seniors

 

https://www.aarp.org/retirement/social-security/questions-answers/how-do-survivor-benefits-work.html#:~:text=They can collect survivor benefits,depending on the

4 x 10 = 40  

19 minutes ago, aaron2020 said:

40 quarters is ten years.

Father lived with them for “a couple of years” so seems unlikely.

[JeanneAdil 6,610]

2 minutes ago, SusieQQQ said:

4 x 10 = 40  

Father lived with them for “a couple of years” so seems unlikely.

lived with them a couple of years back could mean lived there longer but was a couple of years ago

depends on interpretation

i was not sure which way the lady meant it

sorry i meant 10 years for 40 quarters /  was writing this fast as i had to leave dr office and get to this next appointment as son had 2 dr appointments today

and i read here while i wait for him

Edited October 16, 2020 by JeanneAdil

[SusieQQQ 11,587]

43 minutes ago, JeanneAdil said:

lived with them a couple of years back could mean lived there longer but was a couple of years ago

depends on interpretation

i was not sure which way the lady meant it

sorry i meant 10 years for 40 quarters /  was writing this fast as i had to leave dr office and get to this next appointment as son had 2 dr appointments today

and i read here while i wait for him

Well I interpreted it as written, seems clear enough to me, he lived with them for a couple of years and that was about 7 years ago, OP seems fluent in English 

 

2 hours ago, Darkchop said:

he lived with us for a couple of years back (with Permanent VISA) about 7 yrs ago before he got sick and went back homE

it’s ok, I sometimes misinterpret reading fast on my phone too. Hope your kid is ok.

Edited October 16, 2020 by SusieQQQ

[Darkchop 1]

8 hours ago, Boiler said:

Alternate sounds tricky, but yes you can sponsor her to immigrate, the bar for the overstay has long gone.

 

Did she accumulate enough quarters for Medicare?

Not that I'm aware of.  I'll ask but i know she wasn't here 10 yrs so SS is not available for her.

 

My father did not work here.  He was in his upper 60's and health staeted to fail while here and couldn't work for long.  He was a VERY active person prior to this.

 

SO the current admin will not hold it against her then?  I heard that they are looking for anything to not allow you in?  What form do i file?

 

Thank you to all here!

[Boiler 45,993]

Nothing to do with the current administration, this is a legal issue.

 

Did you sponsor your father, same process, the biggie will be her Medical care, does she have sufficient funds to cover this or will you be covering her costs?

[aaron2020 11,651]

Hi,

 

Your mother's ban will not be used against her.

Being a potential public charge can be used against her.  If she used certain public benefits in the US, then that can be used against her.  If she is elderly, poor, unable to work, and can not afford healthcare in her old age, then those factors can be used against her.  

 

You start the process by filing the I-130.  Follow the Guides on VJ.

Best of luck.

Edited October 17, 2020 by aaron2020

[Darkchop 1]

9 minutes ago, aaron2020 said:

Hi,

 

Your mother's ban will not be used against her.

Being a potential public charge can be used against her.  If she used certain public benefits in the US, then that can be used against her.  If she is elderly, poor, unable to work, and can not afford healthcare in her old age, then those factors can be used against her.  

 

You start the process by filing the I-130.  Follow the Guides on VJ.

Best of luck.

She is 81 and did not use anything benefits here.  She has health insurance from my brother in the Philippines and would essentially just be a tourist as she doesn't want to live here.. just visit.  I thought maybe a tourist visa but I'm sure that would work.

 

Would it work?

[Boiler 45,993]

Just now, Darkchop said:

She is 81 and did not use anything benefits here.  She has health insurance from my brother in the Philippines and would essentially just be a tourist as she doesn't want to live here.. just visit.  I thought maybe a tourist visa but I'm sure that would work.

 

Would it work?

Most unlikely that your Brothers Health Insurance would cover a US Resident. So check that first.

[Darkchop 1]

16 minutes ago, Boiler said:

Most unlikely that your Brothers Health Insurance would cover a US Resident. So check that first.

yes one of the many things i need to ask him.

[aaron2020 11,651]

1 hour ago, Darkchop said:

She is 81 and did not use anything benefits here.  She has health insurance from my brother in the Philippines and would essentially just be a tourist as she doesn't want to live here.. just visit.  I thought maybe a tourist visa but I'm sure that would work.

 

Would it work?

You started this discussion under the US Immigration section, so everyone has been thinking that you want your mother to immigrate to live in the US.  You should have posted this in the Visitor Visa section.  

 

Just to visit, then your mother needs to file a DS-160 application for a nonimmigrant visitor visa.  Her prior overstay can be used against her since she probably violated the terms of her last visitor visa by overstaying and living in the US back in 2005.  This will make it extremely hard for her to qualify for another visitor visa.  

 

The only way to find out if she can get a visitor visa is to apply.  

 

It's doubtful that her Philippines health insurance would cover her while she is abroad in the US.  She will probably need to get travel insurance.  At her age, it's probably gonna be pretty hard to get and very expensive for the US.  

Best of luck.

 

[Orangesapples 1,954]

49 minutes ago, aaron2020 said:

You started this discussion under the US Immigration section, so everyone has been thinking that you want your mother to immigrate to live in the US.  You should have posted this in the Visitor Visa section.  

 

Just to visit, then your mother needs to file a DS-160 application for a nonimmigrant visitor visa.  Her prior overstay can be used against her since she probably violated the terms of her last visitor visa by overstaying and living in the US back in 2005.  This will make it extremely hard for her to qualify for another visitor visa.  

 

The only way to find out if she can get a visitor visa is to apply.  

 

It's doubtful that her Philippines health insurance would cover her while she is abroad in the US.  She will probably need to get travel insurance.  At her age, it's probably gonna be pretty hard to get and very expensive for the US.  

Best of luck.

 

I think the chances of her being given a tourist visa are close to zero