Sponsor my mother for a GC from inside the US [merged threads]

[GWagon 2]

Hi everyone,

 

My Mother’s have been in the US since end of 2019. She came here through visitor visa which expired June 2021. Before her six months stamp expires I applied for a visa extension, that was processed a year after due to bio appointments problems and was Issued already expired. 
 

Pretty much she is out of status and couldn’t go back due to difficult COVID situation back home.

 

My naturalization interview is coming up shortly and I would like to know if I can sponsor her from inside the US and if they will forgive her visa overstay. 
 

Also, If possible, how long it takes to get her green card if apply from inside US.

 

Thank you!

Edited August 22, 2021 by TBoneTX

[GWagon 2]

Hi everyone,

 

My Mother’s have been in the US since end of 2019. She came here through visitor visa which expired in June 2021. Before her six months stamp expired, I applied for a visa extension. That was processed a year after due to bio appointments problems and therefore was Issued already expired. 
 

Pretty much she is out of status and couldn’t go back due to difficult COVID situation back home.

 

My naturalization interview is coming up shortly and I would like to know if I can sponsor her from inside the US and if they will forgive her visa overstay. 
 

Also, If possible, how long it would take her  to get a green card if apply from inside US.

 

Thank you!

[Boiler 45,482]

Yes 

A year or two?

[GWagon 2]

3 minutes ago, Boiler said:

Yes 

A year or two?

She has been in the US for 1 year and 8 months.

[Boiler 45,482]

Just now, GWagon said:

She has been in the US for 1 year and 8 months.

 It sure what the relevance of that is.

[SusieQQQ 11,586]

How long before she gets a green card depends on the field office you are at. Average processing time for i485 so far this fiscal year has been 13.3 months. Many bigger ones are taking longer that that and some  FOs are even taking up to more than 3 years for i485s. 

[Verrou 1,962]

the process of greencard / AOS  for parent usually a year or two. but again depend on the field office

Edited August 17, 2021 by Misscloud

[SusieQQQ 11,586]

1 minute ago, GWagon said:

She has been in the US for 1 year and 8 months.

boiler meant, a year or two to get a green card after filing.

[SusieQQQ 11,586]

It’s possible that she would actually have gotten a green card faster from outside the country - depending on your FO vs the consulate where she is from - unfortunately you’ve closed that option off as she’s overstayed so long she’ll have at least a three year ban if she leaves the US now.

[GWagon 2]

4 minutes ago, SusieQQQ said:

It’s possible that she would actually have gotten a green card faster from outside the country - depending on your FO vs the consulate where she is from - unfortunately you’ve closed that option off as she’s overstayed so long she’ll have at least a three year ban if she leaves the US now.

So If I understand well, it’s possible to apply from within US and they will be forgiving her visa overstay. Just need to wait 1-2 yrs.

…That was my next question!

She couldn’t go back because of airline canceling tickets then she was waiting for her visa extension to process, and now Covid hit hard back home so the country is locked down. If I send her home to apply later, don’t you think they will be forgiving due to the extraordinary situation. I am referring to the 3 yrs ban. Thank you.

[Boiler 45,482]

No

[SusieQQQ 11,586]

4 minutes ago, GWagon said:

So If I understand well, it’s possible to apply from within US and they will be forgiving her visa overstay. Just need to wait 1-2 yrs.

…That was my next question!

She couldn’t go back because of airline canceling tickets then she was waiting for her visa extension to process, and now Covid hit hard back home so the country is locked down. If I send her home to apply later, don’t you think they will be forgiving due to the extraordinary situation. I am referring to the 3 yrs ban. Thank you.

As I said before, it could even take 3 years (even more at the wide end of the range) at some FOs. But some are less than a year, too. Where are you located?

 

And no, you’d need to apply for a waiver based on hardship to you for the ban to be overcome. Honestly, the excuses don’t add up to 14 months beyond her original expiry date given the ebbs and flows of what has been happening (and she did not need to “wait for her visa extension to process”, many people leave before this happens) but even if they did there is no path to an embassy to just decide to “forgive”. And by the time she reaches a year of overstay it changes to a ten year ban. So I think you’ve painted yourself into a corner as far as options are concerned. 

[Boiler 45,482]

 No mention of a qualifying relative who could apply for a waiver

[SusieQQQ 11,586]

4 minutes ago, Boiler said:

 No mention of a qualifying relative who could apply for a waiver

A son/daughter is not a qualifying relative?

 

edit: oh, they are not for unlawful presence.  Correct.

 

So OP, no waiver option. Sorry. Any ban will need to be worked out entirely.

 

 

Edited August 17, 2021 by SusieQQQ

[GWagon 2]

That’s unfortunate! I would have to think about the two options. Apply her and wait long time or send her back home and incur ban. 
 

I am located in NJ, Newark.