Does anybody have any experience with petitioning residence for a relative that's already in the US? This is a person who entered *legally* with a visitor's visa, then overstayed (by more than 3 years). She has also been working during that time to support herself. Do we need to file both an I-130 AND an I-485 if she's already here? Also, what potential problems are we facing since she has overstayed her visa and has been working? Thanks!!
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I-130/I-485 Petition for Mother Already in US
- Thread starter GarciaGM
- Start date
Here's an update...I called USCIS to confirm the procedures and forms required for this kind of petition. The representative stated that at this point there is no penalty for the mother having an expired visa (i.e., "out of status"), but my biggest concern is about her working. Does anybody know what the chances are of them denying our petition because she has been working this entire time? Or what penalties they may impose?
GarciaGM said:Here's an update...I called USCIS to confirm the procedures and forms required for this kind of petition. The representative stated that at this point there is no penalty for the mother having an expired visa (i.e., "out of status"), but my biggest concern is about her working. Does anybody know what the chances are of them denying our petition because she has been working this entire time? Or what penalties they may impose?
She must be working illegaly (cash job) right? You don't need to mention that anywhere. If you are filing I-485 for her, you have to file affidavite of support for her.
GarciaGM said:No, actually it is a regular job. I have heard of many cases (at least 4 or 5 years ago) where the attorneys recommended that if the INS didn't ask, you didn't tell. Is that still the case? What should she do?
Do they give visitors a SSN? If not, then how can she work? I was trying to help you but instead of giving you an answer I am asking you questions. Sorry about that.
No, she has never filed an income tax return. The number she has has been used for employment and ID purposes (i.e., phone, bank, etc. - the necessities). Any thoughts?
The long story is that my husband was in a similar situation, but we never had any complications during his case. I don't think he ever had any fake IDs, he just never offered any documentation if he was ever asked for it by an employer. He used a SSN that belonged to someone else (a family member). Now that he'll be a USC in a couple of weeks, we plan to petition for his mom. She's the one who felt compelled to get the docs so she could have a job. She has a valid driver's license because our state at that point was not requiring SSN. It's the GC and SSN I'm worried about. We've worked with an atty in the past, but I'm trying to avoid forking over $2,500 for something I know I can do myself. We just want some kind of representation if there are any complications.
The long story is that my husband was in a similar situation, but we never had any complications during his case. I don't think he ever had any fake IDs, he just never offered any documentation if he was ever asked for it by an employer. He used a SSN that belonged to someone else (a family member). Now that he'll be a USC in a couple of weeks, we plan to petition for his mom. She's the one who felt compelled to get the docs so she could have a job. She has a valid driver's license because our state at that point was not requiring SSN. It's the GC and SSN I'm worried about. We've worked with an atty in the past, but I'm trying to avoid forking over $2,500 for something I know I can do myself. We just want some kind of representation if there are any complications.