Son petition.

[townhurst 0]

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

[Hypnos 6,576]

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.

[townhurst 0]

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

[Penguin_ie 5,985]

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?

[Hypnos 6,576]

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 November 14, 2014 by Hypnos

[kzielu 1,147]

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.

[townhurst 0]

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.

[Hypnos 6,576]

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 November 15, 2014 by Hypnos

[townhurst 0]

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?

[jan22 2,898]

Sorry-- it doesn't apply to your case because of the requirement that it is for their categories that have immigrant visas immediately available (i.e., the IR categories, the with no annual numerical limits).