We really need the help

[MaryKBurgess]

Hello, my name is Mary i am new to the forum. My mother and i finally have the money and the resources set aside to finally apply for my mother's greencard. She has been in this country illegally for 23 years ( I am now 22) and we would like to file for her. I tried to go online to get hte petition for her but I could not find it. But I would also like to know what the best course of actions would be for us.

She has been here for 22 years
She has paid all of her back taxes in the united States totaling back about 10 years (about 3000-4000 dollers)
She continues to pay her taxes each year
I currently hold a job that can support the two of us
I pay taxes each year
I also have a young daughter if that matters any

We really are just stuck and don't quite know where else to go from here any suggestions as to what we can do from here would be greatly appreciated

 

[AzBlk]

The biggest question is how your mother came to this country in the beginning? Did she cross border without inspection or is she a visa overstay ? if she is an overstay it might not be too difficult for her to adjust her status as an immediate relative of a US citizen ( I am assuming you are one). If she came without inspection(snack across border) however the process gets a little complicated and you will definitely need an attorney to help you.

 

[MaryKBurgess]

The biggest question is how your mother came to this country in the beginning? Did she cross border without inspection or is she a visa overstay ? if she is an overstay it might not be too difficult for her to adjust her status as an immediate relative of a US citizen ( I am assuming you are one). If she came without inspection(snack across border) however the process gets a little complicated and you will definitely need an attorney to help you.

She came over here on a visa if I am not mistaken...so what forms do I need to get her to fill out to adjust her status?

 

[MaryKBurgess]

But her visa has BEEN expired would it still be viable to use as a reason to adjust status?

 

[TheRealCanadian]

But her visa has BEEN expired would it still be viable to use as a reason to adjust status?

Since she is the Immediate Relative of a US citizen an overstay cannot be used to deny the I-485. Do you have a copy of the I-94, or some proof she entered legally?

 

[AzBlk]

She came over here on a visa if I am not mistaken...so what forms do I need to get her to fill out to adjust her status?

i-130, i-485, i-765, i-1864, G-325A. I those all you have to fill. You will also need your birth certificate, your moms birth certificate, last tax return you filed, maybe pay stubs to prove your income, copy of i-94 to prove your mother entered legally. Check these forums there is a lot of people that have successfully applied for their parents.

 

[Triple Citizen]

Key is to find proof of legal admittance to the US, even if it was 23 years ago.

But her visa has BEEN expired would it still be viable to use as a reason to adjust status?

 

[MaryKBurgess]

i-130, i-485, i-765, i-1864, G-325A. I those all you have to fill. You will also need your birth certificate, your moms birth certificate, last tax return you filed, maybe pay stubs to prove your income, copy of i-94 to prove your mother entered legally. Check these forums there is a lot of people that have successfully applied for their parents.

whew...thats a LOT! I just really want to do this for her..NOW...so thank you all so much and you will definitely be updated...I will also be roaming the site for any other situations...thank you so much you've really cleared our heads and pointed us into the right directions

 

[JackDan]

whew...thats a LOT!

are you sure you are talking about your mom "thats a LOT", not about your cat, dog or other puppy of the house??

cause I would do everything for my mother, no matter how A LOT it is....

She has been here for 22 years
She has paid all of her back taxes in the united States totaling back about 10 years (about 3000-4000 dollers)
She continues to pay her taxes each year
I currently hold a job that can support the two of us
I pay taxes each year
I also have a young daughter if that matters any

Mary, you are erroneously assuming that USCIS and IOs are all about paying taxes.

Sure, it is good that you have been a good citizen, work hard and pay back to the society, but USCIS like any other government agency will assume that you SHOULD do that anyways and just because of that, you are not better than anyone else, even those homeless people you see on the streets.

Moreover, as I can agree that years ago it would be all about whether you are legal or not (and paying taxes), with todays economy immigration government mind is set against aliens, no matter if they are legal AND paying taxes or not... the POINT still is that even if you are paying your taxes you are TAKING AWAY some US Citizen job and with recent job layouts getting into hundreds of thousands, it is not hard to understand and agree with the USCIS point of view.

Hope you agree.

As of your mom staying so long in the system without "reporting it", I think that couple years may be OK, like if IO sees your relative been in the system for 8 years, never been arrested, never worked (you took care of her so she did not steal USC work) IO may think "ok, she overstayed but been a good person".
But if you go to the USCIS and flash some documents saying: "hey, look guys, my mom been here almost a half of decade nobody found her and she even worked all these times, look how cool we are". That may upset the USCIS all those years they will assume she was taking advantage of the system for so many years without you reporting her earlier (I assume its not like this week you received your green card/citizenship and decided to set your mom legal in the country -- I am pretty sure its been a while since you are already green card/citizen holder, and you mentioned something money wise -- the forms do not go in tens of thousands of dollars, you can apply for somebodys green card and fit in $1,000-$1,500).

Like somebody said, she may be denied, you may appeal, still judge can get offended by you hiding your mom under umbrella and letting her steal some US citizen work for almost 25 years... but who knows as your situation is unique.


Good luck to you!

 

[TheRealCanadian]

DanielFL, what USCIS thinks about the OP's mom is irrelevant. It is all about what the law allows them to do.

In the case of an overstay, she is eligible for a GC provided she has proof of legal admission to the US.

 

[JackDan]

DanielFL, what USCIS thinks about the OP's mom is irrelevant. It is all about what the law allows them to do.

In the case of an overstay, she is eligible for a GC provided she has proof of legal admission to the US.

if that would be irrelevant, there would be no thing like an immigration officer -- you would simply submit some forms and you are done!

unfortunately, it is not like that. the op ultimately has a discretion over your file and can make up decision more or less to his/her knowledge of the current law (thats why it is important to have an immigration attorney involved). Some OP makes decision that are irrelevant to the law, and hurt beneficiary.

 

[TheRealCanadian]

if that would be irrelevant, there would be no thing like an immigration officer -- you would simply submit some forms and you are done!

And in most cases, that's exactly what happens. There's a basic review to ensure that the applicant is eligible, and the case is approved.

unfortunately, it is not like that. the op ultimately has a discretion over your file and can make up decision more or less to his/her knowledge of the current law (thats why it is important to have an immigration attorney involved).

Yes, and any immigration officer worth his or her salt knows that there is no grounds to deny an adjustment for an Immediate Relative based on an overstay.

 

[kittenKat]

And in most cases, that's exactly what happens. There's a basic review to ensure that the applicant is eligible, and the case is approved.

A little OT, but what do you mean by "basic review"? I thought they run the names in their CIS database (and of course, name check and violations check whatever).

 

[TheRealCanadian]

A little OT, but what do you mean by "basic review"?

That there's an approved immigrant visa petition, the paperwork was filled out correctly and they meet the statutory requirements for adjustment. In almost all cases, the I-485 is a very straightforward procedure. Room for subjectivity exists only in the I-130/I-140 process.