overstay affecting green card application?

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weiqingh

Registered Users (C)
i am a US citizen. my parents overstayed last time they came here for over a year. can i still apply green card for them without subject to INA 212(a)(9)(B)(i) (3/10 year bar)? i also don't see any place in the i130 asking about previous visits to the US.

thanks in advance.
 
weiqingh said:
i am a US citizen. my parents overstayed last time they came here for over a year. can i still apply green card for them without subject to INA 212(a)(9)(B)(i) (3/10 year bar)? i also don't see any place in the i130 asking about previous visits to the US.

thanks in advance.
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I think parents count as immediate relatives. Are they here in the US right now? Since you are a USC, overstaying will be forgiven, so you can file I-130/ I-485 for each.
Just make sure that they don't leave the country until they've got their GCs. Advance Parole isn't safe in their case either.

Anyone please correct me if I'm wrong.

Good luck to you!
 
then why even accept the application? what? they have nothing to do than to look and approve applications they know it will harm the petitioner? do they really need that $175? why not then give the time and effort to other applications and approve them faster? i know if one leaves w/o AP one might be in huge trouble, but even with it? weird.
 
That's not weird. I find the overstaying part weird. But that's not the point.

Take it this way. The officer at the USCIS office would like to help, the officer at the POE goes by the book. It's just that simple
 
patty579 said:
I think parents count as immediate relatives. Are they here in the US right now? Since you are a USC, overstaying will be forgiven, so you can file I-130/ I-485 for each.
Just make sure that they don't leave the country until they've got their GCs. Advance Parole isn't safe in their case either.

Anyone please correct me if I'm wrong.

Good luck to you!
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thanks for the reply. my parents are not in the US now. in this case, can i still apply GC for them outside US? are they subject to the 3/10 year bar?
 
weiqingh said:
thanks for the reply. my parents are not in the US now. in this case, can i still apply GC for them outside US? are they subject to the 3/10 year bar?
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overstay less than 180 days --> not subject to 3/10 year bar.
overstay between 180 and 365 days --> 3 years bar
overstay more than 365 days --> 10 years bar

This rule is solid to everyone.
 
Take it this way. The officer at the USCIS office would like to help, the officer at the POE goes by the book. It's just that simple
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but how can they be going by the book when the gov't says it is okay to leave and come back w/o a problem? if the person runs the risk of not being able to come back, then why on earth even have the option? is stupid. either honor it 100% of the time or don't have it at all.
 
TheInquisitor said:
but how can they be going by the book when the gov't says it is okay to leave and come back w/o a problem? .
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What is "government" ?
CIS and CBP are different organization, and document issued by one of those may not be honored by another.
The same thing that one have approval petition from CIS, but DOS can deny the visa at consulate.
 
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true, but they should still not waste people's time then. and here is an example of how the feds works. and any immigration bill that becomes law should fix this. either don't offer the option or honor it.
 
TheInquisitor said:
true, but they should still not waste people's time then. and here is an example of how the feds works. and any immigration bill that becomes law should fix this. either don't offer the option or honor it.
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You're susprised the federal government behaves irrationally? That's how things work when you have so many departments, with sub-agencies, each with its own set of rules and procedures. I know someone whose parents run a small farm in upstate New York. It took them almost a year to get a permit to operate some farm machinery because the rules of the Dept of Transportation and the rules of the Dept of Agrigulture were mutually exclusive in their particular situation. This is just how bureaucracies work and you shouldn't get too worked up about it.

As for the immigration bill (amnesty to one and all bill)...man,you think dealing with the USCIS is tough now? How much easier do you think it will be whe 15 million illegals ae thrown into the mix?
 
that is why i favor of putting people into groups. hey, one can pass CIR and while they are vbuildingt he fence, they can also be getting their act together and then once the fence is up, the amnesty kicks in and then uscis would be ready.
 
Nothing says that you cannot apply for AP ;) . If you read the instructions there is a part that people apparently by blindness :p usually overlook that is call TRAVEL WARNING :rolleyes: and (Part III), they consider that you will remember how many days you overstay if that is your case. The AP is just attach to your I-485, it is true that can be deny or approved but how is denied or approved has nothing to do with your overstay is through your I-485 status. So if your I-485 documentation is wrong your AP won't go further...if your I-485 is fine until at the end your AP it's fine and you should be approved. That is why is normally the EAD is approved as well.

The people who received and manage part of the documentation are not immigration adjudicators officers, they are people like a, b and c.

So, if you have overstay you can have an AP but before apply for it you should be sure that if you overstay more than 180 days and you get out you will trigger the ban. Your overstay is ONLY forgiven for the matters to be able to apply for a benefit (I-485, etc) your overstay for the matters of re-enter the US is not forgiven until you obtain your US permanent resident.

Hey I am not putting salt in anyone ;) ...so do not take as an attack :cool: , is just to clarify. Many people get confuse about these issues all the time. I was even confuse at the beginning because for me would be easy is just to deny the person the AP and that's it. But in their system there is not count of :
date of I-485receipt - I-94expiration date = 190 days XXX= denied message.

They do not have that, it is suppose that you are the one who make that decision for yourself.

http://www.uscis.gov/graphics/services/Emergency/index.htm#Advanced
 
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karissa2000 said:
It depends on how many months they overstayed. YOu are allowed a grace period of 30 days to overstay. I think.
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Unfortunately, that does not apply.

I have a horror story...luckily (for me) from my former roommate.

He was illegal in the US then.
His mom came the year before to visit. She was on visa waiver as she's Italian. She planned to stay 3 months and go back to Italy.
Unfortunately she got sick the last week and she had to delay her trip back by a week. She stayed a total of 93 days (3-day overstay).

One and a half year later she returned to visit her son. I remember, it was July 4 of 2003. The immigration officer at JFK didn't let her through. She was given a third degree (she couldn't of course say that her son was illegally in the US) and even though she had an entire US family in NJ to guarantee for her, she was held in handcuffs on a JFK bench and put back on the next flight to Milan, some 24 hours later. She was 62 years old.

So my suggestion is to have them go to a US Consulate in their country and speak to some consular officers. They'll tell them what to do. I'm pretty sure that they have a way to go to the US, being their son a US citizen.
They probably need to get a B visa to get in (if on visa waiver they'll probably have a red flag at POE) and then you could apply for AOS for them.
 
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