Need help- applying for my Mom's GC/AP

[sfaizullah]

Hello,
I have my interview (Naturalization) is on 12/15/05 and I am hopeful that all will go without any problems.

My mother lives with me and I need to apply for her GC and AP hopefully the next day (if not the same).

Can you please let me know what forms do I need? 130, 485 & 131? Also, she was here on B1 visa and she got sick and needed to stay and we renewed her I94 few times and now it is expired. I heard that we have to pay some fine ($1000). What form do we use for this?

Thanking you in advance for any help you can provide!

Best Regards

[cherr1980]

The best advice is to go to www.uscis.gov and read carefully all the process and forms. If you will become a USC then your mother will be an immediate relative of a USC, she won't need to pay for the penalty of 1K, neither wait for a visa number and her overstayed will be forgiven.

Please make a search over this forum, this situation had been answer several times and there are many post about this.

[amishah]

Originally Posted by sfaizullah

Hello,
I have my interview (Naturalization) is on 12/15/05 and I am hopeful that all will go without any problems.

My mother lives with me and I need to apply for her GC and AP hopefully the next day (if not the same).

Can you please let me know what forms do I need? 130, 485 & 131? Also, she was here on B1 visa and she got sick and needed to stay and we renewed her I94 few times and now it is expired. I heard that we have to pay some fine ($1000). What form do we use for this?

Thanking you in advance for any help you can provide!

Best Regards

Remeber that since she has over stayed her visa, she won't be able to travel on AP.

[falcon7a]

You will actually need to wait for your oath ceremony before you can apply for your mother. The oath ceremony takes place around 2-4 weeks after your interview. However, there is a possibility that your application is stuck in the dreaded 'name check' process. If that is the case, then you may have an indefinite wait until USCIS clears your application.
Bottom line: You probably won't be able to apply the same day as your interview for your mother. Check out the forum on 'After the Green card' on this website. Good luck.

[sfaizullah]

Thanks Amishah! I did consult a lawyer sometime ago and he told me that she WILL BE ABLE to travel on AP despite of her overstay. Where did you get the information that people who overstayed will not be able to do so?

Best Regards

[sfaizullah]

Originally Posted by falcon7a

You will actually need to wait for your oath ceremony before you can apply for your mother. The oath ceremony takes place around 2-4 weeks after your interview. However, there is a possibility that your application is stuck in the dreaded 'name check' process. If that is the case, then you may have an indefinite wait until USCIS clears your application.
Bottom line: You probably won't be able to apply the same day as your interview for your mother. Check out the forum on 'After the Green card' on this website. Good luck.

Thanks Falcon7a. In Newark, NJ the Oath is the same day. I am hoping that will not face the delays. My mom recently came out of a chemo episode and this travel will be great for her to see her other children/grandchildren!

Best Regards

[amishah]

Originally Posted by sfaizullah

Thanks Amishah! I did consult a lawyer sometime ago and he told me that she WILL BE ABLE to travel on AP despite of her overstay. Where did you get the information that people who overstayed will not be able to do so?

Best Regards

It is written on form I 131 (form for AP) itself.

[cherr1980]

Be aware of what your lawyer is telling you because it depends how long was her overstay. It is very clear stated on form I-131 at the beginning of the section III of Advance Parole that a person who overstay more than 180 days to a year can be bar for re-entry 3/10 years.

[sfaizullah]

Originally Posted by cherr1980

Be aware of what your lawyer is telling you because it depends how long was her overstay. It is very clear stated on form I-131 at the beginning of the section III of Advance Parole that a person who overstay more than 180 days to a year can be bar for re-entry 3/10 years.

I did send him an email. Since she is my parent, will that make any difference? Thought maybe there is some special treatment of parents. Also, it is hard (almost impossible) for her to live alone. I was told that was the $1000 penalty for.

Thanks for your comments.

Best Regards

[cherr1980]

Please please why you don't read www.uscis.gov? There is not such "special treatment" unless Bush is your last name . If you are going to apply for your mother as a USC (after you get your certificate of naturalization since you will need it as supportive document), she is consider an immediate relative of a USC. Immediate relatives of USC are spouse, children and parents. The fee of 1K was for people who was out of the status and got a petition file for them before April 2001 and in any case that do not apply for immediate relative of USC. That is why her overstay is forgiven as immediate relative of a USC, forgiven is that she then can apply to adjust her status within the US and don't need a waiver of inadmissibility, otherwise things will be way more difficult. The forgiven doesn't extent for travel issues. As we say here "is not advice", but at the end is your call. I am not a lawyer but you can read over this forum/internet the consequences if the overstay is more than 180 days and people can get denied the entry or later on can be in trouble. There are some who got lucky and didn't get catch. But the law is pretty clear in that fact. I understand perfectly the situation of your mother. You can call the 800 number at USCIS. Good luck,
PD. BTW how long your mother overstay?

[ari4u]

Originally Posted by sfaizullah

Hello,
I have my interview (Naturalization) is on 12/15/05 and I am hopeful that all will go without any problems.

My mother lives with me and I need to apply for her GC and AP hopefully the next day (if not the same).

Can you please let me know what forms do I need? 130, 485 & 131? Also, she was here on B1 visa and she got sick and needed to stay and we renewed her I94 few times and now it is expired. I heard that we have to pay some fine ($1000). What form do we use for this?

Thanking you in advance for any help you can provide!

Best Regards

Your application will not be accepted if you dont submit your naturalization certificate. So its better to file your mother's application after you get your naturalization certificate.

I assume your lawyer is talking about 245(i) which will not be applicable to your mother once you become a citizen. You dont have to pay $1000 then.

My advice to you: Do NOT apply for AP or let your mother travel using AP. Depending on how long she overstayed, she could be subjected to a ban of 3/10 years from entering the US.
http://uscis.gov/graphics/services/E...ex.htm#Caution

[sfaizullah]

Originally Posted by ari4u

Your application will not be accepted if you dont submit your naturalization certificate. So its better to file your mother's application after you get your naturalization certificate.

I assume your lawyer is talking about 245(i) which will not be applicable to your mother once you become a citizen. You dont have to pay $1000 then.

My advice to you: Do NOT apply for AP or let your mother travel using AP. Depending on how long she overstayed, she could be subjected to a ban of 3/10 years from entering the US.
http://uscis.gov/graphics/services/E...ex.htm#Caution

Thanks! If we do apply for AP and it gets approved then will it be safe?

[sfaizullah]

Originally Posted by ari4u

Your application will not be accepted if you dont submit your naturalization certificate. So its better to file your mother's application after you get your naturalization certificate.

I assume your lawyer is talking about 245(i) which will not be applicable to your mother once you become a citizen. You dont have to pay $1000 then.

My advice to you: Do NOT apply for AP or let your mother travel using AP. Depending on how long she overstayed, she could be subjected to a ban of 3/10 years from entering the US.
http://uscis.gov/graphics/services/E...ex.htm#Caution

Thanks! If we do apply and the AP is approved, will it be still unsafe for my mom to travel?