Ok so here's my dilemma....
I became a USC last year (married to USC). I want to petition for my mother's GC. She is in the US and out of status and has been for a long time. She entered legally in 1986 on a B2 visa. Unfortunately, her passport was never stamped BUT she did receive a I-94.
Due to my lack of funds, I went to an accredited charitable organization that specifically helps with immigration cases. While they are not necessarily free they do counsel and help fill out the forms at a much lower cost. We brought all the paperwork needed (pics, med exam, passports, aff of support, etc- I went prepared!) assuming we'd be ready to proceed with the I-130 and I-485. However, we were quickly told that she needed to file a I-102 before any further proceedings. I don't understand why?! I mean she hasn't lost the I-94, why on earth are we requesting proof of it? Besides doesn't it take up to 3 months to get a USCIS response! They explained that is just to prove to USCIS that she entered legally. The kicker is they are sending the filled out form along with with a COPY of the original I-94! HUH???? Please help. Should I assume they know what the heck they're doing? Or should I consult with a real lawyer?
Side note: She already has an approved I-130 because her mother, a gc holder, petitioned for her in 1998. My grandmother never became a USC and has since returned to her native country. That case is still pending with no end in sight. Therefore, now that I am a USC and it's obviously faster processing time with me petitioning for her, we are dropping her previous petition.
I became a USC last year (married to USC). I want to petition for my mother's GC. She is in the US and out of status and has been for a long time. She entered legally in 1986 on a B2 visa. Unfortunately, her passport was never stamped BUT she did receive a I-94.
Due to my lack of funds, I went to an accredited charitable organization that specifically helps with immigration cases. While they are not necessarily free they do counsel and help fill out the forms at a much lower cost. We brought all the paperwork needed (pics, med exam, passports, aff of support, etc- I went prepared!) assuming we'd be ready to proceed with the I-130 and I-485. However, we were quickly told that she needed to file a I-102 before any further proceedings. I don't understand why?! I mean she hasn't lost the I-94, why on earth are we requesting proof of it? Besides doesn't it take up to 3 months to get a USCIS response! They explained that is just to prove to USCIS that she entered legally. The kicker is they are sending the filled out form along with with a COPY of the original I-94! HUH???? Please help. Should I assume they know what the heck they're doing? Or should I consult with a real lawyer?
Side note: She already has an approved I-130 because her mother, a gc holder, petitioned for her in 1998. My grandmother never became a USC and has since returned to her native country. That case is still pending with no end in sight. Therefore, now that I am a USC and it's obviously faster processing time with me petitioning for her, we are dropping her previous petition.