Petitioning for mother with 10 year overstay (merged topics)

[nastra30 2,285]

OP, Your husband will be the petitioner and will have to provide documentation providing the mother-son relationship. Your MIL is the applicant will have to attend the interview on her own.

Edited April 29, 2021 by nastra30

[blackeyedsusan 29]

On 4/29/2021 at 12:17 AM, Boiler said:

How did she enter.

With inspection on a visitor's visa. Overstayed due to the economic situation in Haiti after the earthquake. 

[blackeyedsusan 29]

My husband filed a petition for his mother at the Chicago lockbox. USPS tracking shows it was delivered on May 6. However, we haven't gotten any receipt notice and they haven't even cashed the check. They ALWAYS cash the check! 

 

I've tried calling and I can't get through. I can't fill out the online form because I don't have a receipt number. What else can I do to make sure they got it?

[payxibka 10,045]

5 minutes ago, blackeyedsusan said:

My husband filed a petition for his mother at the Chicago lockbox. USPS tracking shows it was delivered on May 6. However, we haven't gotten any receipt notice and they haven't even cashed the check. They ALWAYS cash the check! 

 

I've tried calling and I can't get through. I can't fill out the online form because I don't have a receipt number. What else can I do to make sure they got it?

Taking up to 8 weeks to get notice

Edited June 10, 2021 by payxibka

[blackeyedsusan 29]

36 minutes ago, payxibka said:

Taking up to 8 weeks to get notice

You don't think it's strange that they haven't even cashed the check yet?

[payxibka 10,045]

Just now, blackeyedsusan said:

You don't think it's strange that they haven't even cashed the check yet?

No, it's what they do.   It sits in a box until they open it. Then they process the payment,  issue the notice  and create the file. 

[SusieQQQ 11,586]

5 hours ago, blackeyedsusan said:

You don't think it's strange that they haven't even cashed the check yet?

No this is quite normal at the moment. Another forum I am on has been taking around a month or a bit more to cash, you are still in the ballpark.

The other possibility is that they have rejected the application, if you submitted correct forms and fees etc that should not be the reason. 

Edited June 10, 2021 by SusieQQQ

[Lucky2Lucky 2,526]

Checking to see if your check was cashed or if you received the NOA?

[blackeyedsusan 29]

On 7/5/2021 at 10:32 PM, Luckycuds said:

Checking to see if your check was cashed or if you received the NOA?

Sorry, I forgot to update! They returned the entire package because I forgot to include the biometrics fee. 😤 We sent it back right away, and the check is now cashed and she got the receipt notices today!

[blackeyedsusan 29]

We applied for AOS for my mother-in-law in June. She entered legally with inspection, but overstayed. Now, TPS is open fo Haitian citizens again and people are telling her to apply. But is that even possible with a pending AOS?

[blackeyedsusan 29]

Sorry, I know that technically we just petitioned for her and she applied for the AOS.

[HRQX 4,145]

2 hours ago, blackeyedsusan said:

We applied for AOS for my mother-in-law in June.

Then just continue with the AOS process. Applying for TPS would be unnecessary.

 

If she wants some sort of ID in addition to her Haitian passport while she waits for the GC then she can apply for the free (c)(9) EAD (if she hasn't applied for it yet) https://www.uscis.gov/i-485

Filing Forms I-765 and I-131 with Form I-485

If you submit Form I-485 and pay the required fee, you do not have to pay an additional fee to also file Form I-765, Application for Employment Authorization, and/or Form I-131, Application for Travel Document, for advance parole. You may submit these forms together. If you choose not to file Form I-765 and/or Form I-131 with your Form I-485, then you must submit a copy of your I-797C, Notice of Action, (also known as your receipt) as evidence that you filed Form I-485.

Edited August 27, 2021 by HRQX

[Lucky2Lucky 2,526]

I would stick with the AOS!! TPS is only temporary and who knows what president will get rid of it one day. Also TPS does NOT lead her to become a greencard holder. Whoever is telling you to apply for TPS does NOT know what they are talking about! Like the previous poster suggested if you did not file date I-131 or I-765 with the AOS I highly suggest you do. It's free and she will be able to travel/work before the greencard is approved. Even if you don't *plan* on her working or traveling it is good to have *just* in case. Good luck and I hope your family is safe in Haiti!

[blackeyedsusan 29]

Thank you both. That's pretty much what I thought, but I think the others were assuming that applying for TPS would be faster and give her some sort of legal status while we wait for the AOS. We applied for the EAD and advanced parole along with everything else, so now we're just waiting.

[HRQX 4,145]

On 7/9/2021 at 6:51 PM, blackeyedsusan said:

forgot to include the biometrics fee.

So I assume she is younger than 79. Correct?