Can I apply for green card for my mom if she's out of status?

Immi2001

Registered Users (C)
I just got my citizenship and want to apply for green card for my mom. But she's been out of status for about 2 years. How can I do it?

Your experience is greatly appreciated.

Immi2001
 
If your mom was in the US on December 21st, 2000 you can pay $1000 fine and adjust the status here. If not, contact a lawyer.
 
EricNeesGC said:
If your mom was in the US on December 21st, 2000 you can pay $1000 fine and adjust the status here. If not, contact a lawyer.

The mother is the Immediate Relative of a citizen. She does not need to claim 245i relief, but she should not leave the US until her GC is approved.
 
she would be forgiven for the illegal status ........

Once you filed her package , I-130 ,I-485 & I-765 , she would have a new status ( pending I-485 ) and should not leave the united states before she got the green card on any purpose .... Because she`ve out of status for more then 180 days she is not qualify for advance parole . Go ahead and file out her application as soon as possible .....
 
Do I have to explain why out of status for 2 years?

Thanks all for the imformation. I'll file application for my mom as soon as possible. Do I need to explain to INS why she's been out of status for 2 years?

Once INS receives my application, (I'll file I-130 and I-485 in the same package), would they just ask me to pay several thousand dollars panelty? Is it possible that INS will deny the application because of her out of status?

Thanks all again

immi2001
 
Do I need to explain to INS why she's been out of status for 2 years?

No

Once INS receives my application, (I'll file I-130 and I-485 in the same package), would they just ask me to pay several thousand dollars panelty?

No

Is it possible that INS will deny the application because of her out of status?

No, if you are USC.
 
Is the process same as the regular cases?

LucyMO:

Thanks a lot for the help. Do you know if the process for my mom would be different from the regular relative based applications? because of being out of status for 2 years (long time).

Would it take longer than the regular cases?

Thanks again

immi2001
 
Immi2001 said:
Do you know if the process for my mom would be different from the regular relative based applications? because of being out of status for 2 years (long time). Would it take longer than the regular cases?

It will not take longer or be any different. However, since it's 99% likely your mother is subject to the 10-year re-entry bar, she should NOT apply for AP, and not leave the US under any circumstances until her I-485 is approved.
 
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