Mom's Address (Currently living in the US)

[froyo 2]

So I am in the middle of my Mom's green card application. We got the approval of her petition 2 months ago and now I am in the process of filing for her green card. I am not sure which address I am going to put since she is currently living with me. Please read below.

 

1. I am a US Citizen 

2. She arrived in the US in February 2017 and never left since then. She was supposed to go home in August but then we found out she has breast cancer so we decided to just let her stay here. She has medical records of all of her radiation/chemo sessions and even her surgery from then until now. So please no bashing about her overstaying here

3. I filed her application in January of this year and I stated there that her physical address is here in the US.

 

Now, I am filing up the application for her green card and I am not sure if I should put her address here in the US 9cause she is here physically) or our home address in the Philippines? 

 

Thanks in advance.

[Boiler 43,442]

13 minutes ago, froyo said:

So I am in the middle of my Mom's green card application. We got the approval of her petition 2 months ago and now I am in the process of filing for her green card. I am not sure which address I am going to put since she is currently living with me. Please read below.

 

1. I am a US Citizen 

2. She arrived in the US in February 2017 and never left since then. She was supposed to go home in August but then we found out she has breast cancer so we decided to just let her stay here. She has medical records of all of her radiation/chemo sessions and even her surgery from then until now. So please no bashing about her overstaying here

3. I filed her application in January of this year and I stated there that her physical address is here in the US.

 

Now, I am filing up the application for her green card and I am not sure if I should put her address here in the US 9cause she is here physically) or our home address in the Philippines? 

 

Thanks in advance.

Just surprised that she could afford to do so, I sort of assumed it would be  horribly expensive.

 

US address.

Edited July 18, 2019 by Boiler

[SalishSea 16,775]

15 minutes ago, froyo said:

So I am in the middle of my Mom's green card application. We got the approval of her petition 2 months ago and now I am in the process of filing for her green card. I am not sure which address I am going to put since she is currently living with me. Please read below.

 

1. I am a US Citizen 

2. She arrived in the US in February 2017 and never left since then. She was supposed to go home in August but then we found out she has breast cancer so we decided to just let her stay here. She has medical records of all of her radiation/chemo sessions and even her surgery from then until now. So please no bashing about her overstaying here

3. I filed her application in January of this year and I stated there that her physical address is here in the US.

 

Now, I am filing up the application for her green card and I am not sure if I should put her address here in the US 9cause she is here physically) or our home address in the Philippines? 

 

Thanks in advance.

I thought overstay was forgiven only for spouses of USCs?

[Boiler 43,442]

Just now, Jorgedig said:

I thought overstay was forgiven only for spouses of USCs?

Immediate relatives

[USS_Voyager 1,971]

7 minutes ago, froyo said:

She arrived in the US in February 2017

🤦‍♀️ oh no, I think you screwed up big time here! 

 

I assume she came on a tourist visa? That means she has overstayed her visa for more than 1 year, and therefore, she is NOT eligible to adjust status from within the US. Furthermore, because she overstayed for more than 1 year, she now has a ban from entering the US for 10 years! Your application to adjust her status to green card will be denied. The only path forward for her is to leave the US, and you have to file a waiver for her, proving extreme hardship to the US citizen petitioner (you). It will be a very difficult, long, and expensive road ahead. 

 

The thing that sucks is, all of this could have been avoided had you filed the I-130 AND the I-485 BEFORE her I-94 expired, which would have been between Feb 2017 and July 2017. She could have had her green card by last year!

[froyo 2]

2 minutes ago, USS_Voyager said:

🤦‍♀️ oh no, I think you screwed up big time here! 

 

I assume she came on a tourist visa? That means she has overstayed her visa for more than 1 year, and therefore, she is NOT eligible to adjust status from within the US. Furthermore, because she overstayed for more than 1 year, she now has a ban from entering the US for 10 years! Your application to adjust her status to green card will be denied. The only path forward for her is to leave the US, and you have to file a waiver for her, proving extreme hardship to the US citizen petitioner (you). It will be a very difficult, long, and expensive road ahead. 

 

The thing that sucks is, all of this could have been avoided had you filed the I-130 AND the I-485 BEFORE her I-94 expired, which would have been between Feb 2017 and July 2017. She could have had her green card by last year!

I couldn't have. I did not get naturalized until December of last year. Also, I couldn't say "I screwed up" because her overstaying was not intentional and the timeline of her medical treatment was out of our control. We did not know it would take her more than a year to finish chemo and then have to go through all of the treatments after that. 

Edited July 18, 2019 by froyo

[Lil bear 3,831]

20 minutes ago, USS_Voyager said:

🤦‍♀️ oh no, I think you screwed up big time here! 

 

I assume she came on a tourist visa? That means she has overstayed her visa for more than 1 year, and therefore, she is NOT eligible to adjust status from within the US. Furthermore, because she overstayed for more than 1 year, she now has a ban from entering the US for 10 years! Your application to adjust her status to green card will be denied. The only path forward for her is to leave the US, and you have to file a waiver for her, proving extreme hardship to the US citizen petitioner (you). It will be a very difficult, long, and expensive road ahead. 

 

The thing that sucks is, all of this could have been avoided had you filed the I-130 AND the I-485 BEFORE her I-94 expired, which would have been between Feb 2017 and July 2017. She could have had her green card by last year!

Immediate relatives who legally entered have their overstay forgiven if they adjust status within the US. If they leave the US first they will then incur the ban 

OPs mother is eligible to AOS from within the US

 

Her current  physical address is where she lives now... in the US.  Read and answer the questions literally 

[aleful 1,905]

ditto

 

it doesn't matter how long she has overstayed, parents that entered legally and lived here for years have been able to adjust status

 

the address is her current one since she will adjust status in the US

 

 

[USS_Voyager 1,971]

35 minutes ago, froyo said:

I couldn't have. I did not get naturalized until December of last year. Also, I couldn't say "I screwed up" because her overstaying was not intentional and the timeline of her medical treatment was out of our control. We did not know it would take her more than a year to finish chemo and then have to go through all of the treatments after that. 

I apologize. I was wrong. They are able to adjust status. 

[froyo 2]

1 hour ago, Lil bear said:

Immediate relatives who legally entered have their overstay forgiven if they adjust status within the US. If they leave the US first they will then incur the ban 

OPs mother is eligible to AOS from within the US

 

Her current  physical address is where she lives now... in the US.  Read and answer the questions literally 

THANK YOU!!

1 hour ago, aleful said:

ditto

 

it doesn't matter how long she has overstayed, parents that entered legally and lived here for years have been able to adjust status

 

the address is her current one since she will adjust status in the US

 

 

Thank you so much!

[Boiler 43,442]

I would anticipate the public charge issue is likely to be the issue of consequence.

[Lil bear 3,831]

1 hour ago, Boiler said:

I would anticipate the public charge issue is likely to be the issue of consequence.

I wonder if this is  less likely to be an issue if the history of this applicant has been self funded cancer treatment .. maybe indicating that there might not be as much risk of public charge in the future .. just musing out loud 

[SalishSea 16,775]

42 minutes ago, Lil bear said:

I wonder if this is  less likely to be an issue if the history of this applicant has been self funded cancer treatment .. maybe indicating that there might not be as much risk of public charge in the future .. just musing out loud 

I have been a certified oncology RN for 19 years.  Self-funded cancer treatment of the nature mentioned  (surgery, chemo, radiation) in the OP would cost hundreds of thousands of dollars.  

[Cyberfx1024 7,978]

8 hours ago, Boiler said:

I would anticipate the public charge issue is likely to be the issue of consequence.

I was thinking the exact same thing as well. The big issue I would worry about right now is who is paying for the medical treatment and how that is perceived?

[Russ&Caro 1,548]

13 hours ago, Jorgedig said:

I thought overstay was forgiven only for spouses of USCs?

I was on this site for almost 3 years before I comprehended this truth, as well. The law regarding AOS for direct family members seems quite broad, but it is what it is.