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Adjustment of status of parent with overstayed tourist visa

By DCMB in Adjustment of Status from Work, Student, & Tourist Visas

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DCMB Contributor

DCMB   28

Posted
Filed: Citizen (pnd) Country: Honduras
 Timeline
Posted

Hello everyone,


I'm getting my citizenship certificate later this month but I want to be proactive and start the paperwork for my mom and apply I soon as I get it, she lives in USA, she came to USA on 2005 with a tourist visa (B2) with no plans to stay but due an abusive relationship with my father, she decided to stay, she is been working without authorization and she doesn't have lawful immigration status. Even though there's penalties, she is exempt and still be eligible for AOS  because she will be in the Immediate Relatives (parent of a U.S. citizen) category please refer: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

 

I have a couple questions:
1. One of the requirements to apply for AOS is proof of lawful admission, she has the physical version Form I-94, the Arrival-Departure Record Card, because she came before April 2013 there's no digital record in the i94 website, does a copy of the physical version should be fine?

 

2. Unfortunately her passport with her tourist visa got lost, years ago so she don't have a record of the last stamp, passport number or visa number only the I-94. Is there anywhere I can retrieve that information here in the USA? what other evidence I can show that she had a lawful admission? 

 

3. Some forms ask for the entry information like the passport number and travel document number because I don't have that information I was thinking to add it in the additional information page.

 

Any advice or list of form that I have to file I would be more than graceful, thanks in advance :)

 

 

N-400 Online 
06/09/2021 Eligibility (3-year rule with 90 day window)

07/08/2021 Application Submitted
07/08/2021 Case Was Received And A Receipt Notice Was Sent

09/04/2021 Biometric Appointment

01/14/2022 Interview Scheduled

02/23/2022 Interview (Passed the test but a decision cannot be made due server was down and officer couldn't access to my case on the computer)

02/28/2022  We recommended that your Form N400, be approved. Your case was submitted for quality review

03/02/2022 Oath Ceremony Will Be Scheduled

 

Concurrent Filling for Parent (I-130, I-485 & I-765) 
I-130
05/02/2022 Case was received by USCIS
I-485
05/02/2022 Case was received by USCIS
05/13/2022 Biometric Appointment Notice
06/09/2022 Case is being actively reviewed by USCIS
I-765
05/02/2022 Case was received by USCIS
06/09/2022 Case is being actively reviewed by USCIS

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Boiler Grand Master

Boiler   45,486

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I forget what the paper I 94 says, is it linked to her?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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DCMB Contributor

DCMB   28

Posted
Filed: Citizen (pnd) Country: Honduras
 Timeline
  • Author
Posted
2 minutes ago, Boiler said:

I forget what the paper I 94 says, is it linked to her?

Before April 2013, was a paper and pencil filled form, it has her full name, DOB, country of citizenship 

and a stamp from the Customs and Border Protection officer with the date, the class of visa and the admitted until date.

N-400 Online 
06/09/2021 Eligibility (3-year rule with 90 day window)

07/08/2021 Application Submitted
07/08/2021 Case Was Received And A Receipt Notice Was Sent

09/04/2021 Biometric Appointment

01/14/2022 Interview Scheduled

02/23/2022 Interview (Passed the test but a decision cannot be made due server was down and officer couldn't access to my case on the computer)

02/28/2022  We recommended that your Form N400, be approved. Your case was submitted for quality review

03/02/2022 Oath Ceremony Will Be Scheduled

 

Concurrent Filling for Parent (I-130, I-485 & I-765) 
I-130
05/02/2022 Case was received by USCIS
I-485
05/02/2022 Case was received by USCIS
05/13/2022 Biometric Appointment Notice
06/09/2022 Case is being actively reviewed by USCIS
I-765
05/02/2022 Case was received by USCIS
06/09/2022 Case is being actively reviewed by USCIS

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Boiler Grand Master

Boiler   45,486

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Ahh yes so she can show she was inspected 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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