Petitioning for mother with 10 year overstay (merged topics)

[blackeyedsusan 29]

49 minutes ago, Boiler said:

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

So my husband has to make enough by himself for a family of 5, plus his mother? I'm confused.

[blackeyedsusan 29]

13 minutes ago, Mollie09 said:

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.

Okay thank you. I know she doesn't have a license and has never voted. I am slightly concerned that at one time, she paid a significant amount of money to one of those scammers who promised they could get her a green card. So I'm not sure what all that involved or what paper work was filed and where. Her English is not good so she's a prime target for scams that make big promises.

[Boiler 45,497]

1 minute ago, blackeyedsusan said:

Okay thank you. I know she doesn't have a license and has never voted. I am slightly concerned that at one time, she paid a significant amount of money to one of those scammers who promised they could get her a green card. So I'm not sure what all that involved or what paper work was filed and where. Her English is not good so she's a prime target for scams that make big promises.

This is exactly the sort of thing you need to investigate.

5 minutes ago, blackeyedsusan said:

So my husband has to make enough by himself for a family of 5, plus his mother? I'm confused.

Well have a good read of the I 864, but yes he includes dependents.

[HRQX 4,145]

32 minutes ago, blackeyedsusan said:

I am slightly concerned that at one time, she paid a significant amount of money to one of those scammers who promised they could get her a green card. So I'm not sure what all that involved or what paper work was filed and where.

That's not an issue. Even presenting a fake GC for Form I-9 purposes is not an issue. https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2012/Jun082012_03H5212.pdf

Quote

The record reflects that the applicant presented a fraudulent Form I-551, Resident Alien Card, and social security card to private employers in Harrisburg, Pennsylvania (Temporary Services and Cumberland Distribution) to obtain employment. Upon review of the record, the AAO finds that the applicant is not inadmissible under section 212(a)(6)(C)(i) of the Act, and he does not require a waiver under section 212(i) of the Act.

 

What is an issue is selecting "I am: A citizen of the United States" on Form I-9 or other forms. That's the cardinal sin.

Edited January 14, 2021 by HRQX

[Boiler 45,497]

My first thought was an asylum claim

[bmqsg5h3 12]

When you and your husband filed I-129F in 2015 and I-485 in 2016, did you tell the USCIS that his mother was living in the US? (28a & 28b, part 2 in I-129F, and 7 & 8, part 4 in I-485)

[Just Paul 4,595]

^^^^^^^^^^^^^^^^^^^^ Please tell us that all of was properly disclosed

[bmqsg5h3 12]

22 minutes ago, bmqsg5h3 said:

When you and your husband filed I-129F in 2015 and I-485 in 2016, did you tell the USCIS that his mother was living in the US? (28a & 28b, part 2 in I-129F, and 7 & 8, part 4 in I-485)

 

DS-160 also has questions about the parents (father's and mother's addresses).

[blackeyedsusan 29]

8 hours ago, bmqsg5h3 said:

When you and your husband filed I-129F in 2015 and I-485 in 2016, did you tell the USCIS that his mother was living in the US? (28a & 28b, part 2 in I-129F, and 7 & 8, part 4 in I-485)

 

Oh yikes I have to go back and double check what exactly was filled out. All my forms are in the room where the baby is currently sleeping. What if we did it wrong??? We'll all be in trouble? 

[Mollie09 1,543]

1 hour ago, blackeyedsusan said:

Oh yikes I have to go back and double check what exactly was filled out. All my forms are in the room where the baby is currently sleeping. What if we did it wrong??? We'll all be in trouble? 

Depending on what you find it could go from "Try to file and see what happens" to "Get a very competent immigration attorney before you file anything" really fast.

[Mollie09 1,543]

12 hours ago, blackeyedsusan said:

So my husband has to make enough by himself for a family of 5, plus his mother? I'm confused.

You and your husband, yes. Or you'll need a joint sponsor.

[carmel34 3,626]

22 hours ago, blackeyedsusan said:

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.

Check all your previous paperwork for your husband's K-1 visa, adjustment of status, and citizenship.  If he did not disclose his mother's illegal presence in the US all through those processes, you may need a good attorney.  Good luck!

[blackeyedsusan 29]

On 1/14/2021 at 10:43 AM, carmel34 said:

Check all your previous paperwork for your husband's K-1 visa, adjustment of status, and citizenship.  If he did not disclose his mother's illegal presence in the US all through those processes, you may need a good attorney.  Good luck!

Ugh, my stomach is in knots. I'm just now looking back through the old paperwork and it looks like we never listed her residence as being in the US. Shame me all you want, obviously I see it was a major mistake on our part. How do we go about finding a qualified and fair attorney?

[HRQX 4,145]

1 hour ago, blackeyedsusan said:

How do we go about finding a qualified and fair attorney?

Not needed.

 

The omission on the I-129F, DS-160 and I-485 is not both material and willful. Both have to occur for there to be issues: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2 "the officer must find all of the following elements" N-400 doesn't even ask parent's current address/city. Not listing the "alien harboring" the broad "have you ever committed a crime?" on N-400 was not willful (and many cases are still approved despite disclosing the "alien harboring" of very close family).

 

Your mother-in-law's AOS is still straightforward and DIY. Attorney not needed.

Edited January 26, 2021 by HRQX

[blackeyedsusan 29]

15 hours ago, HRQX said:

Not needed.

 

The omission on the I-129F, DS-160 and I-485 is not both material and willful. Both have to occur for there to be issues: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2 "the officer must find all of the following elements" N-400 doesn't even ask parent's current address/city. Not listing the "alien harboring" the broad "have you ever committed a crime?" on N-400 was not willful (and many cases are still approved despite disclosing the "alien harboring" of very close family).

 

Your mother-in-law's AOS is still straightforward and DIY. Attorney not needed.

Thanks for the glimmer of hope. The only place I could find that any forms even asked about parent's residence was on the G-325 that accompanied our early forms.