Undocumneted Parent

ethin

Registered Users (C)
Hi guru's
What happens to someone who is about to become a us citizen and her mother over stayed her visit visa when she came 8 years ago. Does the mother has to go back to her native country or can she pay a fine and stay here while she gets processed ?

Thanks a lot for your help.

God bless you all.
 
ethin said:
What happens to someone who is about to become a us citizen and her mother over stayed her visit visa when she came 8 years ago. Does the mother has to go back to her native country or can she pay a fine and stay here while she gets processed ?

Because she's an immediate relative, she can stay here and does not need to pay any fine.
 
You are right

From

http://www.immihelp.com/gc/life245.html

"Note: There are some groups that may not be affected by any deadlines related to Section 245(i). The spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age if he/she was inspected and lawfully admitted to the United States, but subsequently over stayed his/her authorized admission or worked without permission, does not need to apply for adjustment of status under Section 245(i). "


Thanks. Now I just have to wait till I become a US citizen next year and then apply for her.
 
Thanks

So what form do I need to file for her once I become citizen ?

Again,
God bless you for your help.
 
go to the sticky that's on this forum and check it out. its for US citizens who want to bring their parents here or sponsor their parents.
 
she will have to have her birth certificate and the original I-94 in order to apply for and get the GC.
 
Stickies

Candy,
Thanks for the pointer. I did search the forums but could not find a situation like mine which is

My mom came to US legally on a visitor visa in 2000 and never left. I will become a US citizen in April 07. Does she need to fill out an I-485 or I-130 or both. does she get an immigirant visa as soon as her application gets approved ?

Thanks for your help. I cannot afford to spend $250 for a lawyers consultation at this point.

Ethin
 
YOU will be fine...

ethin said:
Candy,
Thanks for the pointer. I did search the forums but could not find a situation like mine which is

My mom came to US legally on a visitor visa in 2000 and never left. I will become a US citizen in April 07. Does she need to fill out an I-485 or I-130 or both. does she get an immigirant visa as soon as her application gets approved ?

Thanks for your help. I cannot afford to spend $250 for a lawyers consultation at this point.

Ethin

Ethin,

You mom will be an immediate relative, so she doesn't have to wait for a visa. As soon as her petition is approved, she will be issued a greencard. She needs to have her birth certificate and original I-94, plus passport to be able to do all the paperwork. :D

No, you as the petitioner will have to file a I-130, G-325a, I-864 and she completes I485,G325a, and I-693 medical forms (beneficiary). I would strongly advise you against applying for the Advance Parole at all costs. She should NOT leave the US until SHE HAS A GREENCARD ISSUED TO HER and has it in her hands... :rolleyes: I have read too many posts, where people get too excited and apply for AP and only to be denied entry back to the US, due to previous visa overstays. POE officers tend to be abusive to people..

Personally, I see no need for lawyer for your mum's case.. :cool:
 
Al Southner said:
Ethin,

You mom will be an immediate relative, so she doesn't have to wait for a visa. As soon as her petition is approved, she will be issued a greencard. She needs to have her birth certificate and original I-94, plus passport to be able to do all the paperwork. :D

No, you as the petitioner will have to file a I-130, G-325a, I-864 and she completes I485,G325a, and I-693 medical forms (beneficiary). I would strongly advise you against applying for the Advance Parole at all costs. She should NOT leave the US until SHE HAS A GREENCARD ISSUED TO HER and has it in her hands... :rolleyes: I have read too many posts, where people get too excited and apply for AP and only to be denied entry back to the US, due to previous visa overstays. POE officers tend to be abusive to people..

Personally, I see no need for lawyer for your mum's case.. :cool:

petitioner do NOT need to fill out G325a - that's for married couple.
in this case, he's doing for his mom. his mom need to fill out for herself.
 
Top