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KMArmenta

Mother in US Illegally- I-130?

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Hello,

 

My husband and I want to file paperwork to give his mother legal status in the US. Currently she is here undocumented.

 

Backstory - My husband received citizenship via the US Military in 2016. Currently he is still in the military reserves, attending college, and working full time. I own two successful companies, and work full time between the two.

 

My mother in law was previously caught crossing the border and finger printed, she was told there would be a 20 year ban on her entering the US. (She was given no paperwork on this and a query with USCIS shows no records of her name) She entered illegally anyways and has been here ever since. Now that ban period is up and we want to know what we would have to do to get her a legal status.

 

I see that most likely an I-130 would be appropriate, but I am a bit confused on the procedure since she is here currently. Would she have to return to Mexico to do an interview and biometrics at a consulate? 

 

Additionally we can provide an affidavit of support and I could also potentially hire her as an employee, so would it be easier to somehow get her a legal status by sponsoring her as an employer?

 

Thanks for your time!


Pre AOS

Brought Illegally to USA in 1996

Gained DACA in October 2013

Applied for advanced parole February 2014

First child born US citizen March 2014

Approved for advanced parole June 2014

Travelled to Mexico July 2014

Returned to USA July 2014 with Stamped I-94

Married US Citizen September 2014

AOS (I-485 & I-130)Mailed to Chicago Lockbox 13February15

Stated delivered on 17February15 (USPS tracking #)

Email and Text G-1145 confirmations 24February15

Hardcopies of receipts arrived 02March15

USCIS website updated to RFE mailed 11March15

Hardcopies of RFE received 16March15

RFE mailed back 26March15

USCIS Status updated to RFE received 1April15

Notice of bio apt arrived, apt was for same day. 10April15

Completed bio apt 10April15
Received interview notice in mail 15June15
Interview scheduled for 16July15

Awarded conditional 2 year residency 16July15

Joined US Navy DEP with a leave date of 15Sept16

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Just now, SusieQQQ said:

 

when you say she entered illegally you mean she entered without inspection?

yes

 

hopped the border, so to speak


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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You best me to it, 9C was my conclusion and no mention of anyone who can file a waiver.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Posted (edited)

If she entered without inspection, she has to interview at a US post overseas. 

 

Plus, never heard of a 20 yr ban. It's either max 10, or lifetime

Edited by WeGuyGal

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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There is a 20yr but sounds more likely she has a life time.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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There is Parole in Place for miltary btw but is she is 9C still needs a waiver.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yes the twenty years has passed, but she has been in the US illegally the majority of the time.

 

She crossed the border without any documentation via coyote.

 

No, she does not live with us.

 

As said, she was given no paperwork at the time and when I requested records from USCIS they said there was no record of her name, but that did not include biometrics. Is there a specific way I can request to find out if it was a 9c ban? We are concerned it may have been said to her, but not properly filed. 

 

As she’s been here undocumented, how would immigration know the ban hasn’t been served outside the US? If she were to return to MX for us to file paperwork.


Pre AOS

Brought Illegally to USA in 1996

Gained DACA in October 2013

Applied for advanced parole February 2014

First child born US citizen March 2014

Approved for advanced parole June 2014

Travelled to Mexico July 2014

Returned to USA July 2014 with Stamped I-94

Married US Citizen September 2014

AOS (I-485 & I-130)Mailed to Chicago Lockbox 13February15

Stated delivered on 17February15 (USPS tracking #)

Email and Text G-1145 confirmations 24February15

Hardcopies of receipts arrived 02March15

USCIS website updated to RFE mailed 11March15

Hardcopies of RFE received 16March15

RFE mailed back 26March15

USCIS Status updated to RFE received 1April15

Notice of bio apt arrived, apt was for same day. 10April15

Completed bio apt 10April15
Received interview notice in mail 15June15
Interview scheduled for 16July15

Awarded conditional 2 year residency 16July15

Joined US Navy DEP with a leave date of 15Sept16

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Just now, KMArmenta said:

Yes the twenty years has passed, but she has been in the US illegally the majority of the time.

 

She crossed the border without any documentation via coyote.

 

No, she does not live with us.

 

As said, she was given no paperwork at the time and when I requested records from USCIS they said there was no record of her name, but that did not include biometrics. Is there a specific way I can request to find out if it was a 9c ban? We are concerned it may have been said to her, but not properly filed. 

 

As she’s been here undocumented, how would immigration know the ban hasn’t been served outside the US? If she were to return to MX for us to file paperwork.

What "majority of the time"? The 20 years have to be ALL OUTSIDE the US

 

Just wow to the bold above. Cheating the system?

 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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