Can I legalize my parents status

[nmaciel]

I am a US citizen. My parents EWI back in 2002. My mother has had multiple EWI between 1994 and 2002. As a US citizen can I adjust their status here in the US. No one has ever applied for them before.

[Laura]

Hi NM - I posted on the other thread you asked this on...

Actually, dealing with EWI parents is really tough.

As a USC, you can petition them and they do not have to wait for a visa number, which is good. However, no one who EWI can adjust status in the U.S. unless they had a petition filed before April 30, 2001 (which I'm assuming is not the case here, anyway, they would have had to be in the U.S. by some time in 2000).

So, they have to go through CDJ, but here's the problem: As soon as they leave the U.S., because they have already accumulated more than 365 days of illegal presence, they need a waiver, and a USC child is not a qualifying relative for a waiver, only a parent or spouse is. So, your parents would leave the U.S. for their visa interview, be denied, and told there is no waiver for them and that they have to remain outside the U.S. for 10 years.

Please someone correct me if I am wrong, but we've had several questions about this lately, and I'm pretty certain this is right.

[emt103c]

There is another thread going on about this right now:

http://immigrate2us.net/forum/showthread.php?t=4886

DELETED the rest, I'm too slow :) haha

[Adriane]

My mother has had multiple EWI between 1994 and 2002.

Um, I think you actually have a bigger problem. Multiple EWIs after 1997 results in a lifetime ban- you can file a waiver after 10 years have passed (with the alien outside the US) but even then, she wouldn't have a qualifying relative to file the waiver.....

[Laura]

Oh, the other post said she entered in 1997 once and left shortly after, then re-entered in 2002 and hasn't left...
As Adriane said, that could be a problem too, but it depends how long the mom stayed in 1997. Like if she entered in January 1997 and left in August, that wouldn't be 365 days of "countable" unlawful presence, but then if she entered again in 1999 stayed for a year, then left and re-entered in 2002, yeah, that is a lifetime bar with no waiver for 10 years. And there still would be no waiver for the mother most likely.

[Cynthi]

My mom, brother and sister live in the US and they are EWI so does that mean that once i become a us citizen i wont be able to help them out?? Im curious to know how this really works! i thought i would be easier to adjust their status since i will be a US citizen.

[Laura]

Cynthi, unfortunately, that is correct. UNLESS someone filed a petition for them pre April 30, 2001, they have to leave to CDJ when they go for their interview, and once they leave the U.S. he 10 year bar starts. Unless they have USC parents or spouses, they will have to remain outside the U.S. for 10 years.

This is a very common misconception. I was very surprised when I realized this was how the law worked as well...

[Cynthi]

ok so even if i apply for just my mom she has to go to cdj? But she will be able to go back to the US once she goes thru the whole process right?? Then once she becames a US citizen she can help my sister out as long as shes not over 18?

[Laura]

Well, yes, but your mom will have a 10-year bar, and she won't be eligible for the waiver, because she needs a USC parent or spouse to file a waiver for her. So your mom would have to remain outside the U.S. for 10 years before she could get a visa.

[Cynthi]

OMG!!! Thats is such a shame!!! I wanted to help her out since shes been in the US for almost 11 years. Shes already used to the life there and i cant see her living in mexico again! Specially my sister and brother since they entered the country when they were 10 and 3!!! I hope something works out like the dream act or the amnesty next year!!:sad:

[yung1]

with these idiot politicians in the federal government I wouldnt rely on neither!!