Form I-130 Approved for Mom, but she entered US illegally -- can she still get Green Card?

[Taylor8rice 0]

Form I-130 Petition for Alien Relative was approved as of May 2024. We are beginning now on Form I-485 Application to Register Permanent Residence and Part 1, Section 25a asks "When I last arrived in the United States, I" 

My mom entered illegally from Mexico -- she did not pass border security or receive any stamps on her passport. There is an option to select 'Came into the United States without admission or parole,' but I am worried that will disqualify her from getting permanent residency.

On Form I-485 Instructions, it says, 'Unless applying under INA section 245(i), most Form I-485 applicants must submit photocopies of documentation showing they were inspected by an immigration officer and either admitted or paroled into the United States.' 

Does anyone have any experience with this? And if it will disqualify her application, is there anything we can do? Could we go to border security and legally re-enter to satisfy this requirement?

[Boiler 46,021]

I assume she has been here more than a year so will have a 10 year ban immediately she leaves the US.

 

Parole in Place is the usual option if you join the Military.

Edited June 18, 2024 by Boiler

[powerpuff 6,748]

You will have to tell the truth and tick that she entered without inspection. There is no way around that. The last thing your mother needs is a finding of misrepresentation.

 

22 minutes ago, Taylor8rice said:

And if it will disqualify her application, is there anything we can do? Could we go to border security and legally re-enter to satisfy this requirement?

No. You can’t do that.

 

She can’t adjust status and get a GC while staying in the US.

 

She will have to leave and interview in Mexico. Depending on how long she lived in the US without status, she will have a ban. You as a USC child are not a qualifying relative (only spouses and parents are) to apply for a waiver to avoid the ban. There is an exception for children who are in the military. She would have to serve the ban abroad and only after she can interview for IR5 visa.

Edited June 18, 2024 by powerpuff
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