mother legalized

[rg8333]

how can i file for my mother in the united states to get her legalized with out her leaving the united states?????

[Cynthi]

I dont think thats possible!! She has to leave the us to go to CDJ to her interview but since the laws have changed only a spouse or a parent can file for your mom. Hope someone else in this forum can help more!! Good luck! i was thinking about helping my mom out too but i guess it cant be done unless she gets married to a us citizen and for the right reasons not just to get her papers.

[Laura]

What is your mom's current status rg? Is she here EWI? Has any other USC ever filed for her?

[Laura]

And I moved this to non-marriage based AOS. It's not an immigration court question.

[rg8333]

What is your mom's current status rg? Is she here EWI? Has any other USC ever filed for her?



my mom does not have any type of status in the united state at all help?

[Amazonmamita]

I dont think thats possible!! She has to leave the us to go to CDJ to her interview but since the laws have changed only a spouse or a parent can file for your mom. Hope someone else in this forum can help more!! Good luck! i was thinking about helping my mom out too but i guess it cant be done unless she gets married to a us citizen and for the right reasons not just to get her papers.

Maybe I am confused, but I thought a USC could file for a parent? We are planing on filing for a MIL who is a visa overstay. Anyone?

[Amazonmamita]

Who May File Form I-130?
1. If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:

A. Your husband or wife;
B. Your unmarried child under age 21;
C. Your unmarried son or daughter age 21 or older;
D. Your married son or daughter of any age;
E. Your brother(s) or sister(s) (you must be age 21 or older);
F. Your mother or father (you must be age 21 or older).
2. If you are a lawful permanent resident of United States, you may file this form for:
1. There is no visa category for married children of permanent residents. If an unmarried son or daughter of a permanent resident marries before the permanent resident becomes a U.S. citizen, any petition filed for that son or daughter will be automatically revoked.
3. If your relative qualifies under paragraph 2(B) or 2(C) above, separate petitions are not required for his or her unmarried children under 21 years of age.
4. The persons described in number 2 and 3 of the above NOTE will be able to apply for an immigrant visa along with your relative.
A. Your husband or wife;
B. Your unmarried child under age 21; C. Your unmarried son or daughter age 21 or older.
C. Your unmarried son or daughter age 21 or older; D. Your married son or daughter of any age; E. Your brother(s) or sister(s) (you must be age 21 or older); F. Your mother or father (you must be age 21 or older).

[China]

RG, what is your status? Are you a US citizen because if you are you can file for your mom but if you a a PR you have to first become a US citizen before you can file the I-130.

[Laura]

RG can file a petition for her mom, but because she apparently EWI, as soon as she leaves the U.S. for her visa interview in CDJ she will have a 10-year bar. The 10-year bar cannot be waived because the mom would need a USC spouse or parent to file a waiver. So yes, a petition can be filed, but there is no way to avoid 10 years outside the U.S.

So much for "anchor babies!?"

Amazon - I'm not sure if it's different with an overstay. I believe with a USC child she can adjust status (hence not having to leave the country, and not triggering the bar) but I am not certain. I know we have asked Laurel about this before but I can never remember for sure. If she's not eligible to adjust status because of the overstay it's the same situation.

[Cynthi]

Yeah thats what i thought too laura! I think that if they overstayed a visa it could help to adjust their status in the us but if they EWI then that cant be good.

[rg8333]

yes i'm a U.S. CITIZEN so i can apply for her and avoid the 10 year ban right?

[Laura]

You can apply for her but you cannot avoid the 10-year ban if she is already living here illegally...

Because same as your husband, she will have to exit the U.S. to go to CDJ and get a waiver but you cannot, as her daughter, file a waiver for her. Sorry...

[Adriane]

I asked this question a few months ago for a friend.

If the parent of a US citizen entered legally & overstayed their visa, then yes, the child can petition for them as long as they have not left the US.

If the parent EWIed, then it doesn't work. As an EWI, the parent must return to CDJ for their interview, which triggers the 10 year ban. A child is not a qualifying relative for filing an I-601 waiver.

So yes if she overstayed, no if she EWIed. I hope this helps.

[Cynthi]

Yep! thats the truth but its soo sad!! Many people cant help their parents because of this.