Interview for mother

N

niko79

Registered Users (C)
Hello everyone!

I am a US Citizen and I filed a petition for my mother who has been in the US for 16 years, who came to US on tourist visa and overstayed. I personally just became a US Citizen last year based on marriage.

I filed the whole package in Chicago, IL office (485, 130, 765, etc) on January 8th, 2010.

My mother got fingerprinted less then a month ago and we just received a Notice of Action - "Request for Applicant to Appear for Initial Interview".

I was told that 80% of the time the cards just arrive in the mail when a parent is sponsored by a child. Why the interview?

Is it because when my mother came to the US she had 2 last names and now she has dropped one of the last names and got a new passport with the new name at the consulate? I am just wondering. We sent copies of both passports to USCIS, including the I-94.

Would that be the reason? Well, she is my mother :) What questions will the officer be asking? Any ideas? I wanna get prepared for the interview.

Any information will be greatly appreciated.

Thanks!
 
well there was a post similar to yours a few weeks back..the guy said when he and his mother went for the interview they denied her because they found out she had filled out a previous immigration application before..i belive it was the CSS/LULAC ...andvwas denied on thAT application so they couldnt adjjust this current one because of the previous denial...so make sure ur mother has not filled out any application with immigration in the past~~~~
 
No she has not. This is the first time for AOS. Back in the 1988-89 she applied for the extension of the tourist visa and got it. Then she left. She came back in 1994 again and has been here since then.
 
ok so you are good..they are probably calling you for an interview because of the name chANGE...just be honest and tell them why that it..and only answer what they ask u..never voucher any info..ok goodluckk~~`
 
niko79 said:
Hello everyone!

I am a US Citizen and I filed a petition for my mother who has been in the US for 16 years, who came to US on tourist visa and overstayed. I personally just became a US Citizen last year based on marriage.

I filed the whole package in Chicago, IL office (485, 130, 765, etc) on January 8th, 2010.

My mother got fingerprinted less then a month ago and we just received a Notice of Action - "Request for Applicant to Appear for Initial Interview".

I was told that 80% of the time the cards just arrive in the mail when a parent is sponsored by a child. Why the interview?

Is it because when my mother came to the US she had 2 last names and now she has dropped one of the last names and got a new passport with the new name at the consulate? I am just wondering. We sent copies of both passports to USCIS, including the I-94.

Would that be the reason? Well, she is my mother :) What questions will the officer be asking? Any ideas? I wanna get prepared for the interview.

Any information will be greatly appreciated.

Thanks!
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How about overstaying for over 16 years? That sounds like more than enough reason for an interview.
 
Triple Citizen said:
Possible. The officer probably just wants to see proof of admission for the 16 year old entry.
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Yes, I think that is very likely. BTW, do you think that the length of overstay has no bearing on whether this applicant is approved or not? 16 years seems like an awfully long time.
 
As long as the beneficiary was inspected, is an immediate realtive of a US citizen and did not commit any deportable crime, it does not matter if the overstay was 16 months or 16 years.
We are talking from a legal point of view. Personally an adjudicator may loathe someone who has no respect for US immigration laws and wants to fry this person for being unlawfully present for 16 years. However, his/her personal view makes no difference as far as granting LPR status is concerned.


MasterArcht said:
BTW, do you think that the length of overstay has no bearing on whether this applicant is approved or not? 16 years seems like an awfully long time.
Click to expand...
 
Triple Citizen said:
As long as the beneficiary was inspected, is an immediate realtive of a US citizen and did not commit any deportable crime, it does not matter if the overstay was 16 months or 16 years.
We are talking from a legal point of view. Personally an adjudicator may loathe someone who has no respect for US immigration laws and wants to fry this person for being unlawfully present for 16 years. However, his/her personal view makes no difference as far as granting LPR status is concerned.
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Thank you for this note, Triple Citizen, though I still find it hard to believe that 16 years is regarded the same way as 16 days or months. I guess the immigration officer does not have much discretion in such a case, except for some grueling questioning.
 
Thank you guys for all the valuable info. Yes, I understand that she overstayed for 16 years but she never committed a crime and always paid taxes. That is the same situation as I had. Overstayed for less then that, never committed a crime and always paid my taxes. I got my GC and then US Citizenship.

I hope everything will go well.
 
niko79 said:
Thank you guys for all the valuable info. Yes, I understand that she overstayed for 16 years but she never committed a crime and always paid taxes. That is the same situation as I had. Overstayed for less then that, never committed a crime and always paid my taxes. I got my GC and then US Citizenship.

I hope everything will go well.
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Hi niko, maybe I'm just a bit naive, but how do you pay taxes when you are out of status? how does one exactly earn income to pay taxes when s/he is an overstay? just curious. i guess such things are not a problem for immediate relatives when it comes to AOS.
 
Let me just reply to this that way:

"Such things are not a problem for immediate relatives when it comes to AOS."
 
niko79 said:
Let me just reply to this that way:

"Such things are not a problem for immediate relatives when it comes to AOS."
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What may be acceptable or overlooked for AOS purposes does not make it OK according to immigration law. I'm sure others here can give you an even better explanation.
 
MasterArcht said:
Hi niko, maybe I'm just a bit naive, but how do you pay taxes when you are out of status? how does one exactly earn income to pay taxes when s/he is an overstay? just curious.
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If you used an SSN to work, the employer will withhold taxes just like they do for anybody else. Remember that having an SSN doesn't mean you are currently in status. The SSN could have been obtained years ago when one was in legal status, or decades ago when they didn't really check your status.

If you don't have an SSN and the employer doesn't withhold the taxes, you can get an ITIN and submit quarterly tax payments on your own. Many illegal workers do that, presumably to minimize their troubles if they ever get the chance to legalize their status in the future.
 
No one said that the SSN was really hers alone. Many people have their numbers used by others creating numerous problems. SSA does not tell people when their numbers have been misappropriated. The illegal use of valid SSNs is one of the main reasons everyone needs to check their SS annual statement and credit report. In case you are not aware, you are entitled to a free copy of your credit report from each of the three credit bureaus each year. It is amazing what pops up unexpectedly; my mother's address and information got linked into mine most likely because I paid her bills as an authorized signer on her checking account. Be informed of your rights and check your information!!!
 
Concerned4us said:
No one said that the SSN was really hers alone. Many people have their numbers used by others creating numerous problems. SSA does not tell people when their numbers have been misappropriated. The illegal use of valid SSNs is one of the main reasons everyone needs to check their SS annual statement and credit report. In case you are not aware, you are entitled to a free copy of your credit report from each of the three credit bureaus each year. It is amazing what pops up unexpectedly; my mother's address and information got linked into mine most likely because I paid her bills as an authorized signer on her checking account. Be informed of your rights and check your information!!!
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Using someone else's SSN should be a serious crime, but what good is it if the law is not enforced?

Concerned4us, do you know how we can request or view our SS annual statement? Is there a way to request it?
 
The SSN is hers alone. She got it 16 years ago because she could not get the driver license. She applied at the SS office and got the SS and then Driver License. Times have changed though. You won't be able to do this now.
 
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