Question about sponsoring parents who are illegaly in the US

canuckbro said:
Hey, please learn to read, then you can post. I asked a question, genius. It's not hard to read just sound out the words.
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Hey "bro" - please take the sarcasm elsewhere.

The question was whether or not Venezuelans had exit visas or not, that was the question. If they need to register before they leave the US then the reverse onus applies and they cannot just slip out of the country. Not every country has exit visas
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And the United States does not have exit visas - the closest they've come is Special Registration which is post-2001 and doesn't affect Venezuelans. But they did fill out an I-94, and because they did are now subject to the 10-year re-entry bar.

Of course, if your parents could slip out of the country (quietly) and claim that they forgot to turn in their visas they might escape the ban. They might claim that they sent in their extensions but they were lost in the mail.
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You're suggesting that they commit immigration fraud. Making a material misrepresentation in order to secure an immigration benefit incurs a non-waiverable ban that makes the 10-year bar look puny by comparison. Besides, consular officers aren't idiots - and if they make a determination of fact (which is cannot be appealed, by the way) then the parents are in for a world of hurt.

Which is stupid when they can file the I-130/I-485 and be legal without any penalty. End of story.
 
A dearth of civility in posting.

It sounds to me like the "Unreal" Canadian is a Don Cherry wannabe. Not very moderate for a moderator. The US does not have exit visas, that's true but they do require the surrender of certain documents and registration of individuals from certain countries upon exiting the USA. That policy has been in place long before 9/11. The whole problem is that the daughter is not a USC yet. As you may not realize she's trying to simulataneously keep the parents here and hide them until she becomes a USC. The parents are currently facing the 10 year ban, as they are currently breaking the laws of the US. I'm not suggesting she do anything. I am only suggesting a method to allow the parents to become legal again. The waiver is by no means guaranteed. If they are unsuccessful they can face all manner of penalties. Once they are legal then they can file the I-130/I-485 without issue. As for your comments on consular officials, I am well aware of their powers but if you're suggesting that the AOS route will give you access to the courts, you're looking at a long, very expensive uphill struggle. USCIS officers may not be stupid but they do make an unconscionable number of errors.
Finally, I conduct myself in a civil manner but if some posters wish to hurl abuse or insults my way, I won't hesitate to respond in kind to them. That includes volunteer immoderators. Now that is the end of the story.
 
canuckbro said:
As you may not realize she's trying to simulataneously keep the parents here and hide them until she becomes a USC.
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I'm quite aware of this. But since they've been successfully overstaying for over half a decade I'm not particularly concerned that things will dramatically change in the next eight months, especially when ICE can't be bothered to pick up aliens in local jails.

The waiver is by no means guaranteed. If they are unsuccessful they can face all manner of penalties. Once they are legal then they can file the I-130/I-485 without issue.
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There is no waiver required for them to file an I-130 and I-485. An overstay simply isn't grounds to deny an Immediate Relative I-485 if the alien in question was inspected and legally admitted to the United States. That's all there is to it. There isn't any question that their case will be approved; USCIS has no ability to deny it because of the overstay.

As for your comments on consular officials, I am well aware of their powers but if you're suggesting that the AOS route will give you access to the courts, you're looking at a long, very expensive uphill struggle.
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No, I'm merely suggesting that having them leave the US and then attempt to lie to the face of a US consular officer is an exceptionally unwise move, especially since they have a legal remedy available to them once their daughter becomes a US citizen.

Finally, I conduct myself in a civil manner but if some posters wish to hurl abuse or insults my way, I won't hesitate to respond in kind to them. That includes volunteer immoderators.
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If you feel that I have insulted you, please let me know where. You are also welcome to report me to the site administrators - I'm sure they'll be very interested in knowing how I have insulted you but your statements like "Hey, please learn to read, then you can post. I asked a question, genius. It's not hard to read just sound out the words." are considered conducting yourself in a civil manner. :D
 
TheRealCanadian said:
I'm quite aware of this. But since they've been successfully overstaying for over half a decade I'm not particularly concerned that things will dramatically change in the next eight months, especially when ICE can't be bothered to pick up aliens in local jails.



There is no waiver required for them to file an I-130 and I-485. An overstay simply isn't grounds to deny an Immediate Relative I-485 if the alien in question was inspected and legally admitted to the United States. That's all there is to it. There isn't any question that their case will be approved; USCIS has no ability to deny it because of the overstay.



No, I'm merely suggesting that having them leave the US and then attempt to lie to the face of a US consular officer is an exceptionally unwise move, especially since they have a legal remedy available to them once their daughter becomes a US citizen.



If you feel that I have insulted you, please let me know where. You are also welcome to report me to the site administrators - I'm sure they'll be very interested in knowing how I have insulted you but your statements like "Hey, please learn to read, then you can post. I asked a question, genius. It's not hard to read just sound out the words." are considered conducting yourself in a civil manner. :D
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I said I would respond in kind. I don't initiate such commentaries but I reserve the right to reply or are you suggesting I sit quietly and take abusive jibes. Would you? This is not a forum for insults and each of us have different opinions on what will work. Nobody is any more or any less qualified than anyone else. For qualified assistance venezuelangirl should contact Mr. Khanna or some other competent attorney.

I think that the idea that filing the I-130/I-485 and I-485 supplement A and paying the $1000 fine is the only practicable method available under the circumstances. Filing the supplement pursuant to the Immigration and Nationality Act s. 245(i) allows certain aliens to file for adjustment of status upon payment of a penalty fee of $1,000, even though some of the conditions required by section 245(a) and (c) of the Act are not met. Aliens in the United States who have an immigrant visa immediately available, but who entered the United States without inspection, remained in the United States past the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section is the only realistic way to proceed for IR5 category applicants. The supplement is a mea culpa (an admission of guilt in lieu of a waiver in this case) and the fine is the penalty. Venezuelangirl is concerned that ICE will nab her parents. It's a bit of a risk but if God is with her parents then it will be a non-issue in five months when she files the I-130/I-485/I-485 supplement A/I-765, etc. If ICE does pick them up, then there are real problems. ICE doesn't pick up too many people on the street these days, but local law enforcement does check immigration status for even routine traffic stops and yes they do incarcerate illegals including people who are out of status. You get locked up until the ICE comes by to pick you up. The only way to cure the situation is to leave the country, I wouldn't under the circumstances but only venezuelangirl can make the decision of whether or not her parents can stand the pressure.

Praetorian XI, my bite is much worse than my bark.:p
 
It's getting really really stressful, I don't know what states you guys are from but here in sw florida, from what I hear, have been checking a lot and cops went to some sort of immigration course over the weekend. My dad works for this guy who owns a bread wout so he had to be out driving for about 8 hrs a day and needless to say, he's really really scared. My mom is ready to go back, but I keep telling them that if they have been here this long, why leave when I only have 5 month until I can start my citizenship? By the way, can I start that paperwork any sooner?? I am really stressed because I'm scared that something is going to happen to my dad while he's out there, I mean, he can't just stop working until all of this gets solved! But we're only a few months away, and I have heard that it wouldn't take long for me to become a citizen after I have submitted the forms. Thanks all for you advice, at this point, I'm just looking for a little peace of mind...
 
Can your dad work some other place? Or maybe stop working all together?
I feel for you, I live in Virginia and the same laws are taking effect here, if not worse. Do not allow your mom to go back home if you want them to stay. That would be a very unwise move. They would get the 10 years ban.
 
canuckbro said:
I think that the idea that filing the I-130/I-485 and I-485 supplement A and paying the $1000 fine is the only practicable method available under the circumstances.
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Read some more. Immediate Relatives do not require 245i relief, and therefore do not need to file the I-485A and pay the fine. They can file an I-485 without penalty.

ICE doesn't pick up too many people on the street these days, but local law enforcement does check immigration status for even routine traffic stops and yes they do incarcerate illegals including people who are out of status. You get locked up until the ICE comes by to pick you up.
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It depends. Our local policy locks up criminal aliens (ie. deportable aliens who have actually committed a crime, not just run a red light or driven 15 over the limit) and ends up letting them go because ICE couldn't be bothered to pick them up. But either way, they've overstayed for years without issue.
 
the RealCanadian is correct. There is no 245)i for immediate relatives. Make sure your parents stay low until they file for AOS, and that they don't leave the US until they get their GCs. And NO LYING to the immigration officers. It's a no-no.
 
Read some more. Now who's being uncivil. If you have something to share with the rest of us, perhaps you should do so.

These are very murky waters we are dealing with. LucyMO, and RC have their opinions and I have mine. This is a discretionary remedy not a lead pipe cinch. I am quite familiar with what RC is talking about but as RC I hope is aware, there are plenty of cases of people being forced to pay the $1000 fine or even being refused outright. As I said before, venezuelangirl, for peace of mind, please talk to an immigration lawyer at once. I really feel for you. Don't listen to a bunch of crazy MOFOs who are arguing on the web.


It depends. Our local policy locks up criminal aliens (ie. deportable aliens who have actually committed a crime, not just run a red light or driven 15 over the limit) and ends up letting them go because ICE couldn't be bothered to pick them up. But either way, they've overstayed for years without issue. I guess in Atlanta things are different than the rest of Georgia, Florida and Texas, and New Mexico, etc. The father works for a baker and they make deliveries early in the morning when there is no traffic and nothing to preoccupy the police. I used to work as a broker and I started work at 3:00. You can't imagine the number of times I was pulled over or stopped just because there was nothing for the police to do at that hour.
 
canuckbro said:
These are very murky waters we are dealing with. LucyMO, and RC have their opinions and I have mine. This is a discretionary remedy not a lead pipe cinch.
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There's absolutely nothing murky about this at all. This forum is filled with stories of immediate relatives adjusting after an overstay. USCIS simply has no grounds to deny the adjustment.

I am quite familiar with what RC is talking about but as RC I hope is aware, there are plenty of cases of people being forced to pay the $1000 fine or even being refused outright.
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Look, USCIS can refuse a case on all sorts of crazy grounds. They could have refused my I-485 on the grounds that people born on a Saturday in December (like myself) aren't eligible to adjust status. That would have had just as much legal justification as refusing an I-485 for an Immediate Relative because the alien had overstayed.

If you believe that there are "plenty of cases", then please point out even a single case where USCIS required an Immediate Relative to use 245i, and that decision was upheld.
 
TheRealCanadian said:
There's absolutely nothing murky about this at all. This forum is filled with stories of immediate relatives adjusting after an overstay. USCIS simply has no grounds to deny the adjustment.



Look, USCIS can refuse a case on all sorts of crazy grounds. They could have refused my I-485 on the grounds that people born on a Saturday in December (like myself) aren't eligible to adjust status. That would have had just as much legal justification as refusing an I-485 for an Immediate Relative because the alien had overstayed.

If you believe that there are "plenty of cases", then please point out even a single case where USCIS required an Immediate Relative to use 245i, and that decision was upheld.
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I believe an immediate relative are required to use 245i (if they are grandfather by it) if they were not paroled in.
 
wtnginatl said:
I believe an immediate relative are required to use 245i (if they are grandfather by it) if they were not paroled in.
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No. Section 245.1b 4 i of the INA specifically allows Immediate Relatives to adjust status if they have worked without authorization, and Sections 245.1 b 5 and 245.1 b 6 specifically forgive overstays by immediate relatives.
 
canuckbro said:
Read some more. Now who's being uncivil. If you have something to share with the rest of us, perhaps you should do so.

These are very murky waters we are dealing with. LucyMO, and RC have their opinions and I have mine. This is a discretionary remedy not a lead pipe cinch. I am quite familiar with what RC is talking about but as RC I hope is aware, there are plenty of cases of people being forced to pay the $1000 fine or even being refused outright. As I said before, venezuelangirl, for peace of mind, please talk to an immigration lawyer at once. I really feel for you. Don't listen to a bunch of crazy MOFOs who are arguing on the web.
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Classy... :rolleyes:
 
This is supposed to be a forum for people to help each other not take pot shots at each other. I could point out that Praetorian XI continues to use a racist epithet in his posts. I could easily engage in an attack on the arguments raised by RC but I think that would continue to foment ill will and ultimately prove futile to the raison d'etre. For the record, I am not licensed to practice law or appear before immigration hearings and neither is "TheRealCanadian" nor "Praetorian XI." That makes us all MOFOs. We are all just running off at the mouth. TheRealCanadian is neither more or less qualified to give advice than me or Praetorian XI or anyone else.

Venezuelangirl came here looking for fatherly commiseration and a concrete plan of action. That said I believe she should contact an immigration lawyer, a local legal clinic, a law school run legal clinic (I believe Stetson University in Tampa has one), or a church run support group for illegals.

That's all folks, show's over!
 
trinigirl said:
:D :D Boy this is some funny stuff. This is the best thread in this forum. :D :D
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If my classes hadn't started, I'd have the time to keep it going. I love to fight or at least spar verbally! That exchange you had with Praetorian XI was pretty entertaining too.:)
 
canuckbro said:
If my classes hadn't started, I'd have the time to keep it going. I love to fight or at least spar verbally! That exchange you had with Praetorian XI was pretty entertaining too.:)
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That's why I didn't say anything. If you know what I mean
 
ok, so here is another question, How soon can I put in their applications? Somebody told me that the day that I apply for my citizenship, I can submit their applications too, has anybody heard this before? please let me know! Thanks again for all your help!!
 
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