Petitioning for mother with 10 year overstay (merged topics)

[blackeyedsusan 29]

My husband just took his citizenship oath yesterday. We're looking ahead to petitioning for his mother, but I'm afraid her case might be more complicated than what we can do ourselves.

 

She entered the US from Haiti on a valid tourist visa in 2011. Times were very hard there after the earthquake, and relatives in the US persuaded her to stay, get a job, and send money home. So she has now overstayed by 10 years. She's been working the whole time, but I don't know if she's had taxes taken out or been getting paid under the table. I'm sure she's never filed taxes of any kind for herself.

 

I've heard that overstays are forgiven if the person entered legally and never left. Can we apply for AOS/green card for her? 

 

I'm also confused about the sponsorship requirements. USCIS website gives the poverty levels required for the sponsor, but then the I-864 says the requirement is to maintain the applicant at 125% of the poverty level. So I'm not sure how to interpret that.

 

Her case is more complicated than ours and I'm just not sure where to start, whether to contact a lawyer, how to find a lawyer, etc.

[NancyNguyen 1,657]

Yes, file it now.

[little immigrant 801]

It's the 125% requirement 

[SusieQQQ 11,586]

125%
 

as for the rest, overstay, illegal work, problems disappear for immediate relative categories once they adjust status 

[blackeyedsusan 29]

26 minutes ago, little immigrant said:

It's the 125% requirement 

So, OUR income has to be 125% of the poverty level? 

[SusieQQQ 11,586]

1 hour ago, blackeyedsusan said:

So, OUR income has to be 125% of the poverty level? 

At a minimum, yes. 

[Boiler 45,497]

To be clear her income does not count, and you do noeed to find out what issues she has, not everything is forgiven.

[blackeyedsusan 29]

1 hour ago, Boiler said:

To be clear her income does not count, and you do noeed to find out what issues she has, not everything is forgiven.

Thanks for chiming in, Boiler. I'm not even sure what questions to ask her. Can you give me some examples of what might not be forgiven?

[Boiler 45,497]

I said that because you said you were unaware of her work situation so as that is fairly basic I wondered if there were other things, are you certain she entered as a tourist does she have any criminal or immigration history?
 

[blackeyedsusan 29]

23 minutes ago, Boiler said:

I said that because you said you were unaware of her work situation so as that is fairly basic I wondered if there were other things, are you certain she entered as a tourist does she have any criminal or immigration history?
 

She entered once on a valid 5 year tourist visa, then went back to Haiti. The second time she entered, she stayed. No criminal history or other immigration history. I know she's been working the whole time, just not sure how she's been getting paid or if she's had taxes witheld. Anything else I need to be asking about?

[Boiler 45,497]

Most likely OK, just make sure you know everything.

[ColumbusKat 44]

Maybe I'm reading this wrong, but just to be clear, your husband's income (if it is you, your husband, and mother-no kids or anyone else), would be $27,150 if he is going to be the sponsor.  I'm not sure, but I think the income can come from both of you combined (so it's a really low annual income if you both work).  Again, not positive though.

[blackeyedsusan 29]

23 minutes ago, ColumbusKat said:

Maybe I'm reading this wrong, but just to be clear, your husband's income (if it is you, your husband, and mother-no kids or anyone else), would be $27,150 if he is going to be the sponsor.  I'm not sure, but I think the income can come from both of you combined (so it's a really low annual income if you both work).  Again, not positive though.

We have 3 kids, so currently a family of 5, and we both work. So would we go by a family of 5, or add his mom and go by a family of 6?

[Boiler 45,497]

Hopefully her husband earns enough to sponsor her by himself, not a lot.

[Mollie09 1,543]

1 hour ago, blackeyedsusan said:

She entered once on a valid 5 year tourist visa, then went back to Haiti. The second time she entered, she stayed. No criminal history or other immigration history. I know she's been working the whole time, just not sure how she's been getting paid or if she's had taxes witheld. Anything else I need to be asking about?

You should ask if she ever made a claim of being a US citizen to receive an immigration benefit, like a form I-9, a driver's license, or voter registration, for example.