From undocumented to permanent resident status

[speedster 21]

Hello all!

 

So I personally am a US Citizen but both of my parents are not....My mother was brought over here under another name and all via airplane, and she also has a SSN under her actual name. My father came to the US with a visa and he overstayed it. Both of my parents met I was born (yippee) they separated and never got married. Now I am reaching the age that I can get my mother and father a green card. I know both of them are different situations so I was wondering how I should go about with adjusting both of their statuses and an guessimate on how long as well maybe? Also will petitioning for both mom and dad now affect my petition for my future wife/finance down the road?

 

Thank you for all the help! P.S. I wasn't too sure if I posted in the correct area.

[Crazy Cat 39,669]

30 minutes ago, speedster said:

Hello all!

 

So I personally am a US Citizen but both of my parents are not....My mother was brought over here under another name and all via airplane, and she also has a SSN under her actual name. My father came to the US with a visa and he overstayed it. Both of my parents met I was born (yippee) they separated and never got married. Now I am reaching the age that I can get my mother and father a green card. I know both of them are different situations so I was wondering how I should go about with adjusting both of their statuses and an guessimate on how long as well maybe? Also will petitioning for both mom and dad now affect my petition for my future wife/finance down the road?

 

Thank you for all the help! P.S. I wasn't too sure if I posted in the correct area.

Please clarify.........Where do your parents live now?  

[speedster 21]

6 minutes ago, missileman said:

Please clarify.........Where do your parents live now?  

Sorry should've said that but both parents still live here in the US near me.

[geowrian 22,336]

I'm a little uncertain of what exactly happened with your mother. Did she enter with inspection using a valid visa for her? Or did she use something like forged documents or claim to be somebody else? If so, you can petition for her, but she will need to leave the US in order to interview abroad. If she has been in the US over 180 days without a legal status/authorized stay, then she will incur a 3 or 10 year bar. The options are to either file an I-601A provisional waiver for her (if in the US), then she can interview abroad and use the approved waiver to overcome the bar. If she's not in the US, then she needs to interview abroad, get refused the visa due to the bar, then you can apply for the I-601.

Edit: If she entered under a different name but with a valid visa for her, then it shouldn't be an issue...she still entered via inspection. Then she falls into the same category as your father.

 

For your dad, you can petition for him fine. If he's in the US now, you can file an I-130 + I-485 (plus all supporting documentation) for him. ETA: approximately a year. Maybe more, maybe less. His overstay will be ignored.

 

Your dad's case is fairly simple and can be done yourself using the guides here. Your mom's case, if I'm understanding it correctly, may be best handled with an experienced immigration attorney. Waivers are, in many cases, best handled with good representation to present a good case.

 

Neither case affects your ability to marry or petition for a spouse (assuming you are completely honest in everything, obviously).

Edited August 2, 2017 by geowrian

[f f 725]

your mom sounds like forged documents. and maybe a false claim to citizenship if the ssn was applied to as a citizen. both of which will cause problems and you should consult a lawyer.

dad is a simple overstay which is easily done on your own assuming he has a clean record.

[Boiler 43,759]

Back in the day they handed out SSN's like candy so may not be a false claim to US Citizenship, to adjust in country she would need to show she was inspected.

[f f 725]

57 minutes ago, Boiler said:

Back in the day they handed out SSN's like candy so may not be a false claim to US Citizenship, to adjust in country she would need to show she was inspected.

inspected even with a forged or false document?

[Boiler 43,759]

8 minutes ago, f f said:

inspected even with a forged or false document?

Correct

[geowrian 22,336]

Hmm...looks like recent court cases do treat entry with forged documents as being inspected and admitted. It's still grounds for ineligibly for AOS, but they qualify to file for AOS and use a waiver.

http://www.bretzlaw.com/aop/us-immigration-law/fake-documents/#

[Boiler 43,759]

Not sure I would say recent, but it is a subjective term.

[geowrian 22,336]

1 minute ago, Boiler said:

Not sure I would say recent, but it is a subjective term.

Recent in immigration-land is broad in itself

[speedster 21]

Thank you for all the information and too fill in the question marks, my mother arrived here under a different persons name and was inspected with that, she doesn't have that passport with her at all, the SSN is actually under the name she had a false marriage with (ovbsly not married anymore) and father pretty much just owes couple thousand in child support, and he also doesn't have the passport he came with here either. 

[Boiler 43,759]

They file an I 102 to obtain duplicate I 94's showing they were inspected.

[speedster 21]

41 minutes ago, Boiler said:

They file an I 102 to obtain duplicate I 94's showing they were inspected.

Yeahhh not sure if they remember anything at all for their old I-94, since they came like in the late 80s, early 90s. Also doesn't CBP throw out those I-94s after a certain period of time? Out of knowledge?

[Boiler 43,759]

Nope, they keep everything, this is the Government.

 

Otherwise they will be going through Consular Processing after waiting out their ban assuming there is nobody to file a waiver.