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sunshinenate

I-130 For Parent in USA undocumented

By sunshinenate in Bringing Family Members of US Citizens to America

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sunshinenate Rookie

sunshinenate   8

Posted
Filed: K-1 Visa Country: Peru
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Posted

Hello all,

I have a friend that is a US Citizen and is petitioning for her mother with a I-130. My question is this. The mother came to the USA on a work visa in 2001 and overstayed. Is there a waiver that can be filed so that she does not have to return to Mexico for her interview? Can she just file the I-130 and the adjustment of status at the same time with a waiver?

Thanks for any help!

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aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
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Posted

hi

she doesn't need a waiver, overstay is forgiven if she entered legally in the country. there are no waivers for parents

she needs to file the adjustment of status packet, not the i130 alone, with the proof that she entered legally with a work visa

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michellefor Contributor

michellefor   1

Posted
Filed: AOS (pnd) Country: Canada
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Posted

As long as she is still in the US , there is no need to submit the waiver. Her son/daughter should file the I130 for her ,not the mother, and she files the

I 485 AOS with the proof of entered legally. She will be fine as long as she is still in the country.

May 23 , 2014 - Mailed I485 Package to Chicago

June 10 , 2014 - E-mail , TEXT RECEIVED and check cashed.

June 14 ,2014 - NOA receipt I485 hard copy in mail.

June 16 , 2014 - Letter in Mail for Biometric appointment July 2.

July 1, 2014 - RFE received

July, 2, 2014 BIOMETRIC done

AUG 17, 2014 EAD in production

Aug 18 , 2014 Mail the RFE to USCIS ( Nebraska Service Center)


Aug 21 , 2014 USCIS E-MAIL , Text received for RFE review

Aug 28, 2014, Received EAD


Sept 3, 2014 case moved to "TESTING AND INTERVIEW"

Sept 9, 2014 Text and e-mail received INTERVIEW DATE for OCT. 17, 2014 :idea:

Sept 11, 2014 Received the Interview Letter in mail - OCT. 17, 2014 (F)

Oct, 17, 2014 Interview ( went well ,but no decision)

Oct 22 , 2014 Received Text and e-mail , GC go to production

Oct 28 , 2014 Received the Welcome to United States letter

Oct. 28, 2014 Received e-mail and text USCIS has mailed the GC today. YA!

Oct. 30, 2014 GREEN CARD in hand!!!! :luv:

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Peach7 Contributor

Peach7   5

Posted
Filed: Citizen (apr) Country: Georgia
 Timeline
Posted

Is this also true for an adult son of a US citizen who overtsayed a tourist or a student visa?

R5 Case, Parent of USC:

USCIS:

2014-10-14: I-130 Sent

2014-10-20: NOA1 Received in mail. Case sent to Vermont Service Center

2014-11-25: Case approved at USCIS

2014-12-09: Case got to NVC

2015-01-13: NVC assigned a case number and invoice # (obtained via phone)

2015-03-06: AOS invoice received via email

2015-03-06: AOS invoice paid online

2015-03-07: Submitted DS-261 Agent Form online

2015-03-26: Sent AOS and IV packages (hard copy) in one package

2015-03-30: NVC received AOS and IV packages

2015-04-24: AOS and IV packages reviewed and complete

2015-04-24: IV invoice received via email

2015-04-30: IV invoice paid online

2015-05-04: Submitted DS-260 Form online

2015-05-04: Received email acknowledgment from NVC about DS-260 Form submission. It said the review will take Up To 30 Business Days!

2015-06-05: Called NVC to request case be reviewed by supervisor since past 30 days... case in limbo

2015-06-15: Another supervisor requested the case for review...

2015-06-19: NVC Case Complete (learned over the phone)

2015-06-26: Received NVC email about Case Complete, dated 26-JUN-15

2015-07-15: P4 Email came about interview scheduling, scheduled for August 25

2015-07-24: Medical

2015-08-12: Interview in Tbilisi, Georgia (Original interview date was August 25)

2015-08-19: ELIS fee paid

2015-09-12: POE JFK

2015-10-03: Green Card Arrived

2015-10-09: Applied for SSN Card at the SSN Office

2015-10-16: SSN Card Arrived

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Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
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Posted

Is this also true for an adult son of a US citizen who overtsayed a tourist or a student visa?

Overstay is not forgiven for adult children of a USC.

Done with K1, AOS and ROC

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