Petition Mother in the US - Online Process [merged threads]

[Allaboutwaiting 2,503]

Just now, Dylanthedog said:

No, since it is by land they only scan the visa when they enter and there is no record when someone exits by land. This time she got a I-94 because of her plane 

Any Mexican national who holds a BBC/B1-B2 visa must obtain an I-94 if they are staying in the US over 30 days and/or beyond the border area. 

 

As your mother didn't apply for it prior entering, her overstay is well over 180 days. 

It is likely that this issue will arise during AOS.

[HRQX 4,145]

1 hour ago, Dylanthedog said:

and left in November 2020.

As mentioned above the 3-year bar would be in place until November 2023. An applicant for adjustment is “seeking admission” so that would affect I-485 adjudication. https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/unlawful-presence-bars-do-they-continue-run

one of the following circumstances:

• The applicant triggered the three-year bar and returned illegally to the United States within that three-year period;
• The applicant triggered the three- or the ten-year bar and was subsequently inspected and admitted to the United States within that three- or ten-year period; or
• The applicant triggered the three- or the ten-year bar and was subsequently paroled into the United States within that three- or ten-year period.

 

Also, how many times has she reentered since November 2020. Because your post from June 2021 alluded to her being in the US at that time and the first post from today instead said she last entered 2 weeks ago.

[SalishSea 18,140]

1 hour ago, Dylanthedog said:

Hello, 

 

My mother arrived two weeks ago to the US, she had already overstayed her visa last year because of COVID, she returned to the US and she didn't have a problem. Now that she is here I am still convince that I would like to do an AOS for her, I did my naturalization process online and would like to do hers as well but the website doesn't have all the forms that I need, has anyone done this process online? Also, do we have to wait for the 90 days as "Trump's 90 day rule" states? 

 

Here are the docs that I need to file and a link to the website that I am using for guidance: 

 

https://hensonpachuta.com/green-card-for-parents/

 

 

Sounds like she arrived with the intent to AOS, and lied to CBP.

[Just Paul 4,595]

59 minutes ago, Dylanthedog said:

she just arrived two weeks ago and it was by plane because the land border is closed.

Strange, I've crossed about 50 times since covid and never had an issue either way.  Most by land in Lukeville, San Luis Rio Colorado,  Mexicali and Otay.  Other than in March-May 2020 there are always lots of Mexican Nationals crossing for shopping, school, work, etc. 

 

As @Allaboutwaiting and @HRQX have pointed out she is subject to a ban. It's too bad that she didn't adjust before overstaying.

[TBoneTX 46,119]

Continuous threads on the same topic have been merged.

Edited September 13, 2021 by TBoneTX