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townhurst

Son petition.

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Filed: Timeline

Need a little help here.

I am here in US as a son of US Citizen parents. My father passed away a year ago but my mom still lives.

I am married and over 21, unfortunately my visa expired and I became overstayed and undocumented.

Is there ANY way that my mother could petition me?

I see there is I-130 and I-601a

but according to I-601a, childern over 21 and married does not qualify for unlawful presence waiver?

Please help.

Thank y you

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Your mother can petition you under the F3 family preference, as you are no longer an immediate relative of a US citizen. Provided you are not from Mexico or the Philippines then this category has a 13 year wait time. Once your priority date became current you would then have to have an immigrant visa interview in your country of origin. Unfortunately, as soon as you set foot out of the US you will receive a 10 year bar if you have overstayed for at least 365 days, or a 3 year bar if you overstayed for between 180 and 364 days. Either way, you would be found inadmissible to the US and your visa application would be denied.

At that point you would then be able to file an I-601 to seek a waiver of your overstay bar. To be successful in such a request you would have to show why it would be a hardship to your US citizen mother, not you, if you were not admitted to the US. These take around six months to process, and you cannot file them until you have been denied a visa at the embassy. You would stuck outside the US for as long as it took to process the I-601 (usually ~4 - 6 months), and of course there is no guarantee of success; that will depend on how strong your case is.

You have no other options at this time, unless you happen to be married to a US citizen.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Timeline

I see.

My mother is 87 years old and I don't know if I should just go ahead and process that.


Also, is it possible to process I-130 while im in the States? Some lawyers say I can't since I'm already a unlawful immigrant

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Filed: Citizen (apr) Country: Ireland
Timeline

What visa did you come in on and how long ago? I ask because you say "I am here in US as a son of US Citizen parents" so surely you should have a greencard already?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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The I-130 can be filed regardless of your immigration status.

If your mother is 87 and it's a 13 year wait though...

Presumably you aren't married to a US citizen?

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Citizen (apr) Country: Poland
Timeline

I see.

My mother is 87 years old and I don't know if I should just go ahead and process that.

Also, is it possible to process I-130 while im in the States? Some lawyers say I can't since I'm already a unlawful immigrant

You can file a petition, but would have to go to your home country for consular processing - you are not eligible for adjustment of status when you prioritiy date become current (in 13 years) - so lawyers are correct.

Also remember that family petitions are to unite family, if your mother passes away, petition becomes void.

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Filed: Timeline

I am not married to a US Citizen nor Green Card holder.

I'm straight up overstayed tourist visa.

I do live with my mother and I fully support her living.

So the process would be I-130 and after it processes and approved, I would have to go back to my home country and interview there and submit I-601 to be processed.

I asked like 3 immigration attorneys and they have no idea what they are talking about and they say straight up "No, you can't" I don't know why.

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Most people are stupid, and lawyers especially so. Unfortunately you have to sift through ten feet of ####### to find one worth a damn these days.

You can check with someone reputable like Lizz Cannon or Laurel Scott. I think Lizz Cannon's initial consultation is free too, and she is very highly regarded. She happens to specialise in I-601 waivers too, so if anyone would be able to give you a definitive answer it would be her.

http://www.lizzcannonlaw.com/

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Timeline

I will seek the best lawyer in my area and consult many before I go ahead with the case.

As new executive order, I found this document.

http://www.dhs.gov/sites/default/files/publications/14_1120_memo_i601a_waiver.pdf

"Today, I direct DHS to amend its 2013 regulation to expand access to the
provisional waiver program to all statutorily eligible classes of relatives for whom an
immigrant visa is immediately available. The purpose behind today's announcement
remains the same as in 2013- family unity.
As a related matter, I hereby direct USCIS to provide additional guidance on the
definition of "extreme hardship." As noted above, to be granted a provisional waiver,
applicants must demonstrate that their absence from the United States would cause
"extreme hardship" to a spouse or parent who is a U.S. citizen or lawful permanent
resident. The statute does not define the term, and federal courts have not specifically
defined it through case law.5 It is my assessment that additional guidance about the
meaning of the phrase "extreme hardship" would provide broader use of this legally
permitted waiver program.
USCIS should clarify the factors that are considered by adjudicators in
determining whether the "extreme hardship" standard has been met. Factors that should
be considered for further explanation include, but are not limited to: family ties to the
United States and the country of removal, conditions in the country of removal, the age of
the U.S. citizen or permanent resident spouse or parent, the length of residence in the
United States, relevant medical and mental health conditions, financial hardships, and
educational hardships. I further direct USCIS to consider criteria by which a presumption
of extreme hardship may be determined to exist.6 "
Do any one know if this applies to my case?

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