Planning to petition my mom, but there's a visa problem. Could really use some advice.

[TheTraveler]

Hello everyone.

I am planning to petition my mom, however she has a problem with overstaying in the U.S. This occurred while my father was in the Navy, and by being in the Navy, was able to bypass this problem easily by just showing his orders. All the while my father was in the navy, traveling from the u.s to abroad and back to the u.s, my parents had mistakenly forgot about renewing the visa. My father recently passed away before trying to petition my mom, and now I am the only one who can petition my mother, since I am a U.S citizen.

We have currently been living in the Philippines for the past years and were told that it was possible to petition my mother from here.

I would like to know what is the best way to fix this problem so that my mom's petition for u.s citizenship will go by smoothly.

Anyone who has knowledge on how best to approach this problem would be very much appreciated , thank you all and God Bless.

 

[Jackolantern]

This occurred while my father was in the Navy, and by being in the Navy, was able to bypass this problem easily by just showing his orders. This occurred while my father was in the Navy, and by being in the Navy, was able to bypass this problem easily by just showing his orders. All the while my father was in the navy, traveling from the u.s to abroad and back to the u.s, my parents had mistakenly forgot about renewing the visa.

What do you mean? She was able to enter the US with an expired visa, because she traveled with your father who showed his military papers? And she overstayed in the past, but they still let her back in?

When was the last time she left the US?

 

[BigJoe5]

.....I am the only one who can petition my mother, since I am a U.S citizen.

We have currently been living in the Philippines for the past years and were told that it was possible to petition my mother from here.

I would like to know what is the best way to fix this problem so that my mom's petition for u.s citizenship will go by smoothly.

As a USC, you can file an I-130, but unless you qualify for an exception, you need a U.S. Domicile to file an I-864, Affidavit of Support.

I am assuming that your dad was a USC, therefore, your mom is now the widow of a USC, she can self-petition on a form I-360, as long as they were not legally seperated when he died and she has not remarried. Please read the relavent form instructions closely, there is a deadline to file following the death, either within 2 years or by October 28, 2011, whichever is later.

If residing abroad, she may be able to obtain an Immigrant Visa, if otherwise eligible.

If she has been residing in the U.S. all along and continues to do so, she can file for adjustment of status concurrently with the widow petition.

A self-petitioning widow does not require an I-864 for an either IV or AOS.

If dad was not a USC, in order for her to get benefits through him he would have had to "died as a result of injury or disease incurred in or aggravated by that service", during a recognized period of hostilities and she'd have to apply for posthumous citizenship for him first on form N-644. This is something to keep in mind but I don't think your mom will have to fall back on that section of law???

INA 201

(b) Aliens Not Subject to Direct Numerical Limitations. - Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows:

(2)(A) (i) Immediate relatives. - For purposes of this subsection, the term "immediate relatives" means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States and was not legally separated from the citizen at the time of the citizen's death, the alien (and each child of the alien) shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen's death but only if the spouse files a petition under section 204(a)(1)(A)(ii) within years after such date and only until the date the spouse remarries. For purposes of this clause, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) of this Act remains an immediate relative in the event that the United States citizen spouse or parent loses United States citizenship on account of the abuse.

 

[Jackolantern]

Her potential problem is that she might have accrued enough unlawful presence to be subjected to the 3- or 10-year ban. TheTraveler hasn't explained the details of her overstay.

 

[TheTraveler]

Her potential problem is that she might have accrued enough unlawful presence to be subjected to the 3- or 10-year ban. TheTraveler hasn't explained the details of her overstay.

What I know isn't much, but this is what I can say. As dependents of my father, we constantly traveled back and forth from Atlantic Coast states to European naval air stations throughout the course of his 20 year service. Her visa was first given to her in 1986. The only information that she knew of the visa's duration was that it was "indefinite". My father only became a citizen in 2000. And only then did my father find out from immigrations that my mother's visa had a problem. My father's next duty station was in Europe, so my father had to send my mother and my brother's passport to Italy in order to prepare their Italian visas(my brother and mother both have the same problem actually, so when I refer to my mother, this also refers to my brother). So they could not do anything with the passport and the visa problem. But there was a problem at the PSD in the state we were staying in (Maine) because they held the passport and did not send it to the Italian Embassy. Unfortunately during that time, my mother's father was sick and we had to go on emergency leave to the Philippines; so we could not process the Italian visas yet since we needed those passports to travel to the Philippines, and the PSD in Maine told my parents to fix the visa at the Philippine embassy and allowed us to leave for the Philippines. However, the Navy only allowed a few weeks to stay in the Philippines because my father was in the process of transferring to another duty station in Europe. Upon returning to the states, the airport once again questioned that my mother had no visa. We explained to them the situation, and the fact my father had military orders; it overruled whatever they said, and they just told us to fix it when we had time. However we couldn't fix the visa once we returned to the states, because we had to wait in Virginia prior to transferring to Italy to let them handle the processing of our Italian Visas. So basically the time to fix the papers while in the states was nonexistent. And after Italy, my father retired in the Philippines. A big problem was that my father wasn't persistent in trying to fix the visa while he was in the states. And when he finally retired in the Philippines, there was no real reason for them to try and fix the visa since we planned to live in the Philippines. But in this current situation, I realize how important it is that we have the chance to return to the states, especially since I am the only citizen of my family and I can allow my mother and brother to have a better life there if they should choose to return to the states. At least to have that chance to go back, it's too bad it wasn't fixed before. The only reason my mother, brother, and I ever went to the states was because of my father's obligation to the navy.

I hope this is enough information to help you. Thanks for all your input and help.

 

[TheTraveler]

As a USC, you can file an I-130, but unless you qualify for an exception, you need a U.S. Domicile to file an I-864, Affidavit of Support.

I am assuming that your dad was a USC, therefore, your mom is now the widow of a USC, she can self-petition on a form I-360, as long as they were not legally seperated when he died and she has not remarried. Please read the relavent form instructions closely, there is a deadline to file following the death, either within 2 years or by October 28, 2011, whichever is later.

If residing abroad, she may be able to obtain an Immigrant Visa, if otherwise eligible.

If she has been residing in the U.S. all along and continues to do so, she can file for adjustment of status concurrently with the widow petition.

A self-petitioning widow does not require an I-864 for an either IV or AOS.

If dad was not a USC, in order for her to get benefits through him he would have had to "died as a result of injury or disease incurred in or aggravated by that service", during a recognized period of hostilities and she'd have to apply for posthumous citizenship for him first on form N-644. This is something to keep in mind but I don't think your mom will have to fall back on that section of law???

INA 201

(b) Aliens Not Subject to Direct Numerical Limitations. - Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows:

(2)(A) (i) Immediate relatives. - For purposes of this subsection, the term "immediate relatives" means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States and was not legally separated from the citizen at the time of the citizen's death, the alien (and each child of the alien) shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen's death but only if the spouse files a petition under section 204(a)(1)(A)(ii) within years after such date and only until the date the spouse remarries. For purposes of this clause, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) of this Act remains an immediate relative in the event that the United States citizen spouse or parent loses United States citizenship on account of the abuse.

Thank you for the reply! I did not realize my father could apply as a self-petitioning widow. When we went to the embassy for the form, I thought I was the only one who could petition her. My father did pass away service-related, so I believe she will fall under this category. Hopefully the visa problem can get fixed so that she may be able to take a chance at this path. Thank you.

 

[BigJoe5]

Thank you for the reply! I did not realize my father could apply as a self-petitioning widow. When we went to the embassy for the form, I thought I was the only one who could petition her. My father did pass away service-related, so I believe she will fall under this category. Hopefully the visa problem can get fixed so that she may be able to take a chance at this path. Thank you.

Was your late father a USC? Get the forms at www.uscis.gov

 

[Jackolantern]

How long did your mother stay in the US after they told her to to "fix" her visa problem? Did she get an I-94 for that entry, or did they grant her a deferred inspection? And when did she last leave the US?

Even if your mother is within the 2-year window qualify for a green card as a widow, her overstay may disqualify her because of the 3-year or 10-year ban. So that's why I'm asking the above questions.

 

[bam4800]

Be prepared USCIS to conclude that your family visited the US only because of Navy obligation, that your parents retired in the Phillipines, that your mother had an over-stay problem, and that .... your case is not strong.

 

[TheTraveler]

Good news! Through the immigrant widow petition route my mother was approved of her immigrant visa just today. We wouldn't have gone this far it we didn't have this tidbit of advice. Thank you all, hard to believe 7 months ago we'd be at this position. But its bringing us one step closer to trying to make our way back into this world. Thank you once again, cannot express my gratitude.

 

[BigJoe5]

Good news! Through the immigrant widow petition route my mother was approved of her immigrant visa just today. We wouldn't have gone this far it we didn't have this tidbit of advice. Thank you all, hard to believe 7 months ago we'd be at this position. But its bringing us one step closer to trying to make our way back into this world. Thank you once again, cannot express my gratitude.

Great news! I am very happy for your mom, you and your whole family.