Can citizen apply for parent who is out of status?

[shadyhtown]

My grandmother legally arrived in the US 11 years ago on a visit visa, but has long overstayed the amount of time listed in her I-94. So presently she is out of status. She has not left the country in these 11 years.

This year, my aunt became a US citizen, and she wants to apply for adjustment of status for her mother (my grandmother). She has spoken to a lawyer, and the lawyer says that adjustment of status is possible for an immediate relative of a citizen even if they are out of status, but my grandmother would have to leave the country before the processing can take place.

Is that really the case? Can she not stay in the country while the adjustment of status is being processed, as is the case with most applicants already living in the US?

Any input is appreciated.

 

[sudhany]

The cases I have heard of are ones where the foreign spouse of a US citizen has overstayed. And the standard advice in those cases seems to be that the foreign spouse should NOT leave the US till he or she has adjusted status. The worry is that, otherwise, certain travel bans may be triggered. I wonder how things can be so different in the case of sponsoring a parent. I would be hesistant to accept your lawyer's advice and at least try to seek a second legal opinion.

 

[malakai1104]

Your grandmother is going to need a waiver, before being able to her adjust status. If she leaves she might be ban depend on how long she over stayed, my advice to you is have your aunt file the i-130 application for your grandmother then take it from there. Being out of the country is the last thing your grandma should do.

 

[Al Southner]

Leave that LAWYER NOW....

My grandmother legally arrived in the US 11 years ago on a visit visa, but has long overstayed the amount of time listed in her I-94. So presently she is out of status. She has not left the country in these 11 years.

This year, my aunt became a US citizen, and she wants to apply for adjustment of status for her mother (my grandmother). She has spoken to a lawyer, and the lawyer says that adjustment of status is possible for an immediate relative of a citizen even if they are out of status, but my grandmother would have to leave the country before the processing can take place.

Is that really the case? Can she not stay in the country while the adjustment of status is being processed, as is the case with most applicants already living in the US?

Any input is appreciated.

Hi,

My first advise, tell your aunt to stop communicating with that lawyer NOW. It is apperant that he's going to screw her and your grandma. You aunt needs to complete all the required forms: I-130, I-485, G-325a and all required forms associated with petition for an immediate relative and send them to Chicago Lockbox.

IF YOUR GRANDMA LEAVES THE US, SHE IS GOING TO BE BANNED FOR 10 YEARS.SHE WILL NOT BE ABLE TO VISIT THE US FOR 10 YEARS. So, you aunt should petition her NOW and SHE SHOULD NOT LEAVE THE United States until she is issued a greencard, and has it on HAND. She can adjust her status in the US without leaving. She is not subject a visa limitation as she is an immediate relative. For most cases, these cases are resolved within a relatively short period of time. I don't think your aunt need to use that lawyer, she can complete all of this forms by herself. Alternatively, she can go to USCIS website and look under the district office where you reside, they will list organizations which are nearest to you, so you can call them. For example, Catholic charities offer help to people who are seeking various immigrant benefits.

Remember this: Your grandma should not leave the US under any circumstance, and such advise from an attorney who will be processing your forms doesn't elicit my confidence in his ability to help your family. As long as your grandma has her I-94, copy of visa pages, then she will be fine. A birth certificate will be needed too, so I hope you guys have all you need.

Say hi to grandma for me....

 

[TheRealCanadian]

My first advise, tell your aunt to stop communicating with that lawyer NOW. It is apperant that he's going to screw her and your grandma. You aunt needs to complete all the required forms: I-130, I-485, G-325a and all required forms associated with petition for an immediate relative and send them to Chicago Lockbox.

Let me echo what Al said. Under no circumstances hould your grandma leave the US until she becomes a Permanent Resident, and under no circumstances should your aunt deal with that so-called attorney ever again.

 

[cakid]

Hi,

My first advise, tell your aunt to stop communicating with that lawyer NOW. It is apperant that he's going to screw her and your grandma. You aunt needs to complete all the required forms: I-130, I-485, G-325a and all required forms associated with petition for an immediate relative and send them to Chicago Lockbox.

IF YOUR GRANDMA LEAVES THE US, SHE IS GOING TO BE BANNED FOR 10 YEARS.SHE WILL NOT BE ABLE TO VISIT THE US FOR 10 YEARS. So, you aunt should petition her NOW and SHE SHOULD NOT LEAVE THE United States until she is issued a greencard, and has it on HAND. She can adjust her status in the US without leaving. She is not subject a visa limitation as she is an immediate relative. For most cases, these cases are resolved within a relatively short period of time. I don't think your aunt need to use that lawyer, she can complete all of this forms by herself. Alternatively, she can go to USCIS website and look under the district office where you reside, they will list organizations which are nearest to you, so you can call them. For example, Catholic charities offer help to people who are seeking various immigrant benefits.

Remember this: Your grandma should not leave the US under any circumstance, and such advise from an attorney who will be processing your forms doesn't elicit my confidence in his ability to help your family. As long as your grandma has her I-94, copy of visa pages, then she will be fine. A birth certificate will be needed too, so I hope you guys have all you need.

Say hi to grandma for me....

absolutely right !
your grandma will be forgiven for overstay as long as her daugher is the petitioner - immediate relative.
but never, never, never leave US !
about this "lawyer", must be smoking weed when he's talking.
luckily, you found this forum.

 

[Turtle10]

My input

My grandmother legally arrived in the US 11 years ago on a visit visa, but has long overstayed the amount of time listed in her I-94. So presently she is out of status. She has not left the country in these 11 years.

This year, my aunt became a US citizen, and she wants to apply for adjustment of status for her mother (my grandmother). She has spoken to a lawyer, and the lawyer says that adjustment of status is possible for an immediate relative of a citizen even if they are out of status, but my grandmother would have to leave the country before the processing can take place.

Is that really the case? Can she not stay in the country while the adjustment of status is being processed, as is the case with most applicants already living in the US?

Any input is appreciated.

I think you can apply for her adjustment of status BUT I think she will be called for her final interview at the consulate in the country she is originally from. The initial form (I 130) will be processed here but the final package will be sent to her country because she overstayed her visa. It is true, she will be banned from entering the country for 10 years or more.

 

[NeShawn]

Don't let your Grandmother leave the country!!!! Don't listen to that lawyer. He is wrong.

Go to this website and ask the same question and see what their legal advice is.

http://experts.about.com/q/i.htm PLEASE!!!!!

WE ARE PRAYING FOR GRANDMA!!!!

 

[TheRealCanadian]

I think you can apply for her adjustment of status BUT I think she will be called for her final interview at the consulate in the country she is originally from.

This is completely incorrect. She's an Immediate Relative - she can overstay for half a century and still adjust status within the US.

 

[Al Southner]

You are wrong....

I think you can apply for her adjustment of status BUT I think she will be called for her final interview at the consulate in the country she is originally from. The initial form (I 130) will be processed here but the final package will be sent to her country because she overstayed her visa. It is true, she will be banned from entering the country for 10 years or more.

Turtle,

Your advise to the person who started this thread is wrong. How many spouses of US citizens have left the US to return to their own countries after overstaying their visa for AOS interview????
Zero... because you can adjust your status in the US, without leaving the country, and the same procedure applies to parents of US citizens.
When a notice of interview is sent, she will go to the local district office of USCIS and be interviewed there, and hopefully, approved...

My advise, if you don't know something or not clear, then stop giving advise which you be detrimental to the process. I am going to say it again:

Her GRANDMA SHOULD NOT LEAVE THE United States AT ALL, even if CONGRESS gives her a medal of freedom to leave, to adjust her status in her home country, SHE SHOULD REFUSE UNTIL SHE HAS HER GREENCARD in HAND. Her situation WILL BE RESOLVED within these borders of the United States... If she ever eve leaves, she is barred for another 10 years, and there is NO waiver for this ban. So, she will be eligible to come back, IF THEY LET HER, in 2017, when JENNA BUSH is the shegoverner of TEXAS...