2-year GC holder petitioning for Parent on TPS

[mtcmk1 37]

Hello!!

I was asked this question today and after researching it, I still could not find a great answer...

Can someone who entered on a K1 visa, went through AOS, and now has a valid 2-year GC petition for their mother who is currently on TPS?

If no, would they have to wait until they become US citizens?

If yes, how long until the mother receives the GC?

During any of the process, would the mother have to leave the US?

Thank you to any clarification on the subject :-)

[JayJayH 546]

No, green card holders can only petition for spouses and unmarried, minor children.

They would have to wait until citizenship to file for a parent.

[mtcmk1 37]

Thank you for the reply! That's what I've been reading but wanted to make sure by asking on VJ :-)

However I'm still wondering...Once the person becomes a US Citizen and applies for the mother, does the mother have to leave the US? The mother did enter legally (with a tourist visa) but overstayed her visa by many years.

Edited November 12, 2013 by mtcmk1

[JayJayH 546]

Yes, overstay is generally forgiven for immediate relatives of US citizens (spouses, children, parents). The mother does not have to leave the US In fact, if she does leave the US at this point, voluntarily or not, she will trigger a 10 year bar from re-entry, meaning she cannot get any visa, immigrant or non-immigrant for at least 10 years.

Until the adjustment of status, she will still be in the US illegally, and is subject to deportation if she is caught.

[mtcmk1 37]

Thanks Yang-Ja...You answered my questions :-)

Just to clarify though, the mother is currently on Temporary Protected Status.

[Johnnoskinner 7]

you could be us citizen after 3 years if you still married with that usc you dont have to wait for 5 years, and after that apply for your mom,

[mtcmk1 37]

you could be us citizen after 3 years if you still married with that usc you dont have to wait for 5 years, and after that apply for your mom,

Yes, thank you for the reply!

My friend knows that but wanted to make sure there wasn't another option...Waiting 3 years is definitely not bad!

[aleful 1,905]

Yes, overstay is generally forgiven for immediate relatives of US citizens (spouses, children, parents). The mother does not have to leave the US In fact, if she does leave the US at this point, voluntarily or not, she will trigger a 10 year bar from re-entry, meaning she cannot get any visa, immigrant or non-immigrant for at least 10 years.

Until the adjustment of status, she will still be in the US illegally, and is subject to deportation if she is caught.

hi

it doesn't matter that she is now on tps, what matters is that she entered legally on a tourist visa, overstay is forgiven. if she had entered illegally to the country she wouldn't be able to adjust status in country, it wouldn't be worth filing for her because if she left, there would be a 10 year ban, there are no waivers for parents

[mtcmk1 37]

hi

it doesn't matter that she is now on tps, what matters is that she entered legally on a tourist visa, overstay is forgiven. if she had entered illegally to the country she wouldn't be able to adjust status in country, it wouldn't be worth filing for her because if she left, there would be a 10 year ban, there are no waivers for parents

Oh wow! Thank you Aleful for this clarification. I will make sure to tell them so that there is no confusion in the future...