Mother in US Illegally- I-130?

[KMArmenta 7]

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!

[SusieQQQ 11,584]

To clarify two things:

 

You say the ban period is up, but then that she has been in the US most of this time?

 

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

[WeGuyGal 1,052]

Just now, SusieQQQ said:

 

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

yes

 

hopped the border, so to speak

[belinda63 2,981]

The ban still exist as it must be served outside the US. It sounds like she has been caught in the US illegally more than once which would lead to a 9c ban which is a lifetime ban with no waiver for 10 years.

Please provide more information on all her crossings and removals.

[Boiler 43,392]

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

[Roel 7,191]

Ummm. 

 

Is his illegal undocumented mother living with him?

 

You realize that he can  get in huge, huge troubles with military if anyone knows that he's harbouring an illegal immigrant? 

 

Edit. He can get prosecuted and stripped of any security clearances. He mom needs to leave US. 

 

 

Edited March 8, 2019 by Roel

[Ben&Zian 4,397]

You can't serve a ban inside the US.. that isn't how it works. 

[WeGuyGal 1,052]

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 March 8, 2019 by WeGuyGal

[Boiler 43,392]

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

[SusieQQQ 11,584]

cant adjust status from EWI

bans must be served outside US

as above sounds like 9c ban too

no quick and easy way to do this if it can be done at all 

[USS_Voyager 1,971]

Yes, sounds like a lifetime ban. She cannot adjust status from within the US. The ban start when she LEAVES and bar her from ENTERING the US. Times inside the US (illegally) doesn’t count.

Edited March 8, 2019 by USS_Voyager

[Boiler 43,392]

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

[KMArmenta 7]

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.

[SusieQQQ 11,584]

2 minutes ago, 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.

You realize that when she fills in a DS260 she is obligated by law to answer all questions truthfully? These include questions about her illegal entries and stays in the US.  Plus information on addresses where she has lived, etc. False information = lifetime ban. I’m sorry, but she broke the law, repeatedly,  and there are consequences.

Edited March 8, 2019 by SusieQQQ

[WeGuyGal 1,052]

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?