Sponsor my mother for a GC from inside the US [merged threads]

[Verrou 1,899]

3 minutes ago, GWagon said:

That’s unfortunate! I would have to think about the two options. Apply her and wait long time or send her back home and incur ban. 
 

I am located in NJ, Newark.

Newark,NJ is not fast. bigger city usually longer wait. u might get lucky though 

[nastra30 1,993]

5 hours ago, GWagon said:

That’s unfortunate! I would have to think about the two options. Apply her and wait long time or send her back home and incur ban. 
 

I am located in NJ, Newark.

• I think your best option is to petition your mom after your naturalize so she can adjust her status to LPR. 
• However, If she really has to travel outside the US, then your mom will have to fully serve her ban before being allowed back into the US. This can be overcome with a waiver but since you didn't mention if your mom's parent or spouse currently lives in the US as qualifying relative for the waiver, then she doesn't qualify for the waiver.

Edited August 17, 2021 by nastra30

[SusieQQQ 11,584]

5 hours ago, GWagon said:

That’s unfortunate! I would have to think about the two options. Apply her and wait long time or send her back home and incur ban. 
 

I am located in NJ, Newark.

Well, the “unfortunate” part is a consequence of such a long overstay.

 

Newark FO is reporting 14-24.5 months for processing i485 for family based applications. 

[Sparkle Sparkle 913]

IMHO it is too late for you and your Mom to be thinking of favorable options...from what I have read here....their are only 2 options and both will take at least 24 months given the times we are in.

 

1. She goes back go through consulate (apply for necessary waivers) and come back as a GC holder

2. She stays and go through AOS which will take about 24 months still

 

 

[SusieQQQ 11,584]

1 hour ago, Sparkle Sparkle said:

IMHO it is too late for you and your Mom to be thinking of favorable options...from what I have read here....their are only 2 options and both will take at least 24 months given the times we are in.

 

1. She goes back go through consulate (apply for necessary waivers) and come back as a GC holder

2. She stays and go through AOS which will take about 24 months still

 

 

As boiler reminded me, there does not seem to be a qualifying waiver available unless the mom has a resident spouse or parent we are unaware of 

[Sparkle Sparkle 913]

yeah thats true ...i just looked that up.....so she really needs to go big with AOS or go home

[GWagon 2]

56 minutes ago, SusieQQQ said:

unless the mom has a resident spouse or parent we are unaware of 

She has only me in the US. 

[nastra30 1,993]

11 minutes ago, GWagon said:

She has only me in the US. 

In that case AOS is the best option. If she leaves the country she will incur a ban and will have to serve that ban before been let back in.

[African Zealot 1,453]

I think one thing that is mitigating her situation is that immediately you apply for her, you can request an advance parole document meaning she won’t have to get her green card before she can visit/travel back to your home country.

 

Advance parole documents take 3-5 months for approval so in theory if you obtain citizenship in the next three months and petition her immediately, your mum could visit/travel home in six months to eight months from now.
 

Sounds reasonable to me

Edited August 18, 2021 by African Zealot

[Demise 1,096]

21 hours ago, GWagon said:

That’s unfortunate! I would have to think about the two options. Apply her and wait long time or send her back home and incur ban. 
 

I am located in NJ, Newark.

I will add my 3 cents that as a part of AOS application she can and will file I-765 for interim employment authorization (EAD), and I-131 for interim travel authorization (advance parole). Both are free if filed with I-485 or while I-485 is pending. Both take roughly 6 months to be issued and if filed together the advance parole just gets attached to the EAD card as an annotation.

 

So it's not like she'll be with nothing throughout the entire process while waiting for her green card. Roughly 6 months in she'll get her EAD and be able to work, get a social security number, get a driver's license, travel internationally (be mindful of covid restrictions, AP alone does not bypass those), etc.

 

She should NOT travel abroad until she has the EAD/AP in hand. Doing so now would get her banned for re-entry and others already established that she would not be eligible for a waiver.

Edited August 18, 2021 by Demise

[nastra30 1,993]

3 hours ago, African Zealot said:

I think one thing that is mitigating her situation is that immediately you apply for her, you can request an advance parole document meaning she won’t have to get her green card before she can visit/travel back to your home country.

 

Advance parole documents take 3-5 months for approval so in theory if you obtain citizenship in the next three months and petition her immediately, your mum could visit/travel home in six months to eight months from now.
 

Sounds reasonable to me

I'm not sure advance parole wipes away the ban for overstay parents but I could be wrong. Others can chime in.

[Demise 1,096]

Just now, nastra30 said:

I'm not sure advance parole wipes away the ban for overstay parents but I could be wrong. Others can chime in.

It doesn't "wipe" the ban per se, it's more that the ban doesn't get triggered by travel on AP (Matter of Arrabally, BIA 2012).

[GWagon 2]

1 hour ago, Demise said:

I will add my 3 cents that as a part of AOS application she can and will file I-765 for interim employment authorization (EAD), and I-131 for interim travel authorization (advance parole). Both are free if filed with I-485 or while I-485 is pending. Both take roughly 6 months to be issued and if filed together the advance parole just gets attached to the EAD card as an annotation.

 

So it's not like she'll be with nothing throughout the entire process while waiting for her green card. Roughly 6 months in she'll get her EAD and be able to work, get a social security number, get a driver's license, travel internationally (be mindful of covid restrictions, AP alone does not bypass those), etc.

 

She should NOT travel abroad until she has the EAD/AP in hand. Doing so now would get her banned for re-entry and others already established that she would not be eligible for a waiver.

This sounds like a solid strategy and gives me big hope. 
 

[GWagon 2]

@Demise 

What is the chronology of document filing after my naturalization if I take this route? 
 

I know, I can start with I-130 same day I become a citizen. What about I-485 and EAD/AP? Thanks. 

[arken 4,197]

You can send all at once once you have Naturalization Certificate in hand.