Mother filing i-130 for over 21 yr old daughter, overstay and working without authorization

A

asiana8888

New Member
Hi everyone,

My mom is a green card holder and she is preparing to file I-130 on my behalf but the thing is... there are so many issue in my case, (1) my visa (B1-B2) was expired and i'm definitely out of status (2) lost my passport and I-94 (got a Police report and obtained new passport-no visa stamp since this is a new passport, applied for I-102 to replace my I-94 card, I-102 was approved unfortunately I-797-Notice of Action was not recieved in the mail)
(3) is employed but no authorization to work.

so these are the issues that we are facing rightnow and very much confused on filling out those questionnaires on I-130 esp on line #15 and 16 (part C) can we declare that i am working and put down the company am working for?

Can we file I-130 along with I-824 Application for action on an approved application or petition-this request is for the approved I-102 that was not received in the mail.

Please advise on what shall we do, I don't wanna hire any lawyer coz i have a 3 old boy (us citizen) and plus my mother (gc holder) with me that am supporting. I'm 37 yr old and a single mother, i work hard and study ever since i got here in 2000 and lost all my docs in 2001 when i was shopping at forever 21 (pick-pocketed) but right after that i filed for a police report and applied for a new passport-ever since then my passport has been renewed 2 times already (expires every 5 yrs)
Please, I really need some helpful advise and thank you all for taking time to read this post...
 
It doesn't make sense to file I-102. Because of your illegal status and being over 21, you cannot stay in the US to adjust status based on your mother's petition, so your I-94 would be useless even if you had it. You will have to leave the US and wait out the 10-year ban and then you can be eligible to obtain a green card through the consulate.

Fortunately, the I-130 can be filed and processed while you wait out the 10 years. But the I-130 filing has to be timed right ... there is a currently an approx. 8-year wait for unmarried children of permanent residents. If your mom becomes a US citizen while you remain single, that drops to 7 years. You don't want the I-130 to be approved too far before the 10-year ban expires, because then you won't be eligible to make use of it.

You also must not get married before your mother becomes a US citizen, as your marriage would cancel the I-130.

I-824 will not be necessary; specifying the consulate on question 22 of the I-130 will result in them forwarding the case to the consulate after approval without having to file I-824.
 
I think that there is nothing you can do. Just having an application in for an I130 doesnt grant you any status here and and I94 is at best good for a short period. (Visa holders can obtain I94's for as long as 2 years)

That being said, the fact that you are working without authorization is not something you should admit to in public, you could get in a LOT of trouble and these days, it may even be possible for those around you to get in to trouble. You really are risking any chance of being able to live here by breaking so many laws.
 
it is sad to say that i feel unlucky, i guess i would have to wait for my son to turn 21 so he could petition me since my GC mother can't help me and so does my US citizen sister. i will always put my head down and dont say a word to anybody....have mercy on me :(
 
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