Overstay for Parent

[blackeyedsusan 29]

I've been searching through old threads but I keep reading conflicting information. Is it possible for a USC to adjust status for a parent who has overstayed by greater than 5 years? Or does the parent need to leave the country, wait out the 10 year ban, and then apply with I-130?

[Georgia16 2,858]

If the parent entered the country legally then yes you can adjust their status.

[Hypnos 6,576]

Immediate relatives do not need to maintain their nonimmigrant status in order to be eligible to file for AoS; they need only be able to show that they initially entered legally by being inspected by CBP. 

 

Immediate relatives = spouse of a US citizen, minor child (under 21) of a US citizen, parent of a US citizen (and the child is at least 21), and a widow/er of a US citizen (that died within the previous two years). 

[KierenHby 897]

If either parent was working, taxes need to be in order prior to AOS. 

[blackeyedsusan 29]

2 hours ago, Hypnos said:

Immediate relatives do not need to maintain their nonimmigrant status in order to be eligible to file for AoS; they need only be able to show that they initially entered legally by being inspected by CBP. 

 

Immediate relatives = spouse of a US citizen, minor child (under 21) of a US citizen, parent of a US citizen (and the child is at least 21), and a widow/er of a US citizen (that died within the previous two years). 

So if they entered legally, they can adjust status without leaving and having a 10 year ban?

[blackeyedsusan 29]

2 hours ago, KierenHby said:

If either parent was working, taxes need to be in order prior to AOS. 

So if they were working illegally, they have to pay back- taxes before applying?

[Hypnos 6,576]

4 minutes ago, blackeyedsusan said:

So if they entered legally, they can adjust status without leaving and having a 10 year ban?

Correct, as long as they can show they entered legally (which usually means having a copy of their I-94).

[KierenHby 897]

20 minutes ago, blackeyedsusan said:

So if they were working illegally, they have to pay back- taxes before applying?

they should file returns if required, check with a CPA. 

[Olivier de Nimes 12]

Hi there,

 

very feasible, depending on 3 criteria.

- Legal entry in the country and the way to prove it (i-94 attached to passport)

- Relationship with the petitioner (immediate relative)

- Clean tax record

 

Good luck

 

[blackeyedsusan 29]

On 3/23/2017 at 2:58 PM, Olivier de Nimes said:

Hi there,

 

very feasible, depending on 3 criteria.

- Legal entry in the country and the way to prove it (i-94 attached to passport)

- Relationship with the petitioner (immediate relative)

- Clean tax record

 

Good luck

 

How does a person get a clean tax records if they've never filed taxes? Would she need to go back and file for every year that she earned money here? Not sure how a person would even do that if she's never gotten a W-2.

[Boiler 43,438]

Self employed?

[Unlockable 7,306]

1 hour ago, blackeyedsusan said:

How does a person get a clean tax records if they've never filed taxes? Would she need to go back and file for every year that she earned money here? Not sure how a person would even do that if she's never gotten a W-2.

Was she paid by cash or check. Her former employer should have the info.

[blackeyedsusan 29]

16 hours ago, Boiler said:

Self employed?

No, unfortunately. Working illegally. Paid in cash, I believe.

[Transborderwife 4,666]

3 hours ago, blackeyedsusan said:

No, unfortunately. Working illegally. Paid in cash, I believe.

Independent contractor

[Boiler 43,438]

Employees get W2's so sounds like she was self employed, needs to consult with her CPA.