GC for mother , who overstayed 13 years

G

gccrazyness

New Member
hello , first off thank you all for the great work on this forum, i have been a silent reader for a long time, this forum is simply wonderful

here is my situation , I am a US citizen now, I want to petition for my mother.
My mom came here in 1995 on a visitors visa and has over stayed since , I just became citizen and I want to petition for her, she is about 77 years old now

-Can I petition for her?
-does she have to leave the country or it can be done internally?
-does she have to apply for some sort of waiver because she over stayed 13 years?
- is the paperwork and process same as some one who would petiton for his spouse?

please let me know, I shall be eagerly waiting for your views

God Bless!
 
didn't you ever hear about 245i? You could have petitioned for her under that law even if you were not a citizen yet.
 
gccrazyness said:
-Can I petition for her? -does she have to leave the country or it can be done internally?
Click to expand...

Yes, you can, and she MUST NOT LEAVE THE US UNTIL SHE BECOMES A PERMANENT RESIDENT. She is subject to the 10-year bar.

-does she have to apply for some sort of waiver because she over stayed 13 years?
Click to expand...

No, this is forgiven since she is an Immediate Relative.

- is the paperwork and process same as some one who would petiton for his spouse?
Click to expand...

Yes, and it's a little simpler. Make sure she does NOT apply for Advance parole.
 
thank you!!!! what paper work should I file? the I130 and I485 right? any link where I can find step by step do it yourself for overstayed parent?
 
Applying for mother gc who overstayed her visa by 2 yrs back in 1999

TRC-
Can you pls confirm if this info below is correct from an immigration attorney? he said since its been 10 yrs she will not have any issues getting her GC at the consulate in her country, she she overstayed back in 1999 and left in 2001, so that makes it 10 yrs , read below just want to make sure i'm making the right choice here.
Ash

Hello just spoke to an attorney over the phone and confirmed that my mother won't have any problem her green card process since its over 10 yrs since her overstayed, so i will be applying for her GC at her consulate instead of applying here in the US which i had planned on but since he confirmed she will be fine i may just get it done there.
I heard different stories about this situation and did't want to jump into it and risk her getting he GC denial and cancelation of her current visa.

If anyone know any different pls let me know before i submit her appl.

thanks Ash

TheRealCanadian said:
Yes, you can, and she MUST NOT LEAVE THE US UNTIL SHE BECOMES A PERMANENT RESIDENT. She is subject to the 10-year bar.



No, this is forgiven since she is an Immediate Relative.



Yes, and it's a little simpler. Make sure she does NOT apply for Advance parole.
Click to expand...
 
ASHTON KUTCHER said:
TRC-
Can you pls confirm if this info below is correct from an immigration attorney? he said since its been 10 yrs she will not have any issues getting her GC at the consulate in her country, she she overstayed back in 1999 and left in 2001, so that makes it 10 yrs , read below just want to make sure i'm making the right choice here.
Click to expand...

Did she ever reenter the US since leaving in 2001?
 
Yes she visited in 2007 & 2008

Yes she visited in 2007 & 2008 with the same visa which expired then i went with her to the embassy and explained briefly to the officerin regards to the reason for her overstay and he granted her another 10 yrs.
 
Visa AUTOMATICALLY Voided

ASHTON,

Not to be the bearer of bad news but when one overstays on a visa, that visa is automatically voided.

http://www.state.gov/documents/organization/87498.pdf

9 FAM 41.112 N7.3 Result of Overstay
(CT:VISA-1533; 09-23-2010)
Under INA 222(g), if an alien overstays on a nonimmigrant visa, that visa is automatically voided. In addition, the alien must apply for future nonimmigrant visas in his or her country of nationality, unless the alien qualifies for an “extraordinary circumstances” exemption.

This means one has to go back to ones own country and apply for a new visa to enter. When one reenters on the old visa [because airport immigration control did not catch it], it is considered immigration fraud.

Now I am just telling you the law. It is possible your mothers issue may never be caught when adjusting status, or the officer may exercise discretion and let it slide.

Best wishes.

ASHTON KUTCHER said:
Yes she visited in 2007 & 2008 with the same visa which expired then i went with her to the embassy and explained briefly to the officerin regards to the reason for her overstay and he granted her another 10 yrs.
Click to expand...
 
Last edited by a moderator:
ananga73 said:
ASHTON,

Not to be the bearer of bad news but when one overstays on a visa, that visa is automatically voided.

http://www.state.gov/documents/organization/87498.pdf

9 FAM 41.112 N7.3 Result of Overstay
(CT:VISA-1533; 09-23-2010)
Under INA 222(g), if an alien overstays on a nonimmigrant visa, that visa is automatically voided. In addition, the alien must apply for future nonimmigrant visas in his or her country of nationality, unless the alien qualifies for an “extraordinary circumstances” exemption.

This means one has to go back to ones own country and apply for a new visa to enter. When one reenters on the old visa [because airport immigration control did not catch it], it is considered immigration fraud.

Now I am just telling you the law. It is possible your mothers issue may never be caught when adjusting status, or the officer may exercise discretion and let it slide.

Best wishes.
Click to expand...

What makes her case not so straightforward is that her overstay was beyond her control due to medical reasons that prevented her from leaving the US -- reasons that were notified to and believed by the consulate and apparently also the POE. So perhaps the excess stay in the US was not classified as unlawful presence, and maybe the usual penalties don't apply.
 
ASHTON KUTCHER said:
Can you pls confirm if this info below is correct from an immigration attorney? he said since its been 10 yrs she will not have any issues getting her GC at the consulate in her country, she she overstayed back in 1999 and left in 2001, so that makes it 10 yrs , read below just want to make sure i'm making the right choice here.
Click to expand...

She returned to the US before the 10 years were completed, so the 10 ban may still be in effect even though it's more than 10 years since the 2001 departure.

What you need to hope for is that the 10 year ban wasn't implemented in the first place (based on her excess stay being due to medical reasons). Apparently that is the case because she got another visa before the end of the 10 years, even though the consulate knew about her staying from 1999 to 2001.

At this point, it's time to stop asking questions; just go ahead and file the application and see what happens. There is no benefit to delaying the application any longer. You've been asking about this for months; the I-130 could have been approved by now if you didn't waste so much time.
 
Mother I-130

Thanks guys , yes will be filing her app's in the US when she arrives in Feb 2012 after 30-45 days , thanks Ash.
 
You must log in or register to reply here.
Top