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Hamdy ELgallad

American daughter filling for her parents

By Hamdy ELgallad in What Visa Do I Need - Family Based Immigration

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Hamdy ELgallad Explorer

Hamdy ELgallad   1

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Filed: F-3 Visa Country: Egypt
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I am asking this question on behalf of a close friend.

Both parents entered USA in visit visa since almost 25 years. They married in the states and got 3 kids born in USA. The older daughter turned 21 years. 
what methodology could they follow so that their older daughter file a case for them. What is their chance to be forgiven and given a green card?

Dashinka Grand Master

Dashinka   26,706

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Filed: Citizen (apr) Country: Russia
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The daughter would file both an I130 and I485 for each parent.  See the guide linked.  As to chances of success, probably pretty good as overstays are generally forgiven for immediate relatives, but who knows in this current environment.  That being said, it will take quite some time to get to the point of an I485 interview, so who knows what will change.

 

Good Luck

 

 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

appleblossom Mentor

appleblossom   6,001

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Filed: EB-1 Visa Country: United Kingdom
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Posted
2 hours ago, Hamdy ELgallad said:

I am asking this question on behalf of a close friend.

Both parents entered USA in visit visa since almost 25 years. They married in the states and got 3 kids born in USA. The older daughter turned 21 years. 
what methodology could they follow so that their older daughter file a case for them. What is their chance to be forgiven and given a green card?

 

How did they enter - with or without inspection (i.e. through a 'proper' POE, or crossing the border)?

Boiler Grand Master

Boiler   48,933

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Filed: K-1 Visa Country: Wales
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Posted

What have they been doing for 25 years?

“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.”

Dashinka Grand Master

Dashinka   26,706

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Filed: Citizen (apr) Country: Russia
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Posted
19 hours ago, appleblossom said:

 

How did they enter - with or without inspection (i.e. through a 'proper' POE, or crossing the border)?

OP stated they entered on a visit (B2) visa.  I agree with @Boiler though, the overstay is excessive.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Neonred Mentor

Neonred   4,214

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Filed: Citizen (apr) Country: Russia
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Posted

We have the same exact situation with our close friends.  They have been in the US for nearly 25 years and have two US born children, one who recently turned 21.  The parents entered on visas, but I don't remember if they were student visas or J-1.  They may have assylum cases.

 

The daughter has filed I130 and I-485 for the parents.  

 

For many years life was relatively normal.  Now they avoid travel not wanting to use airports.  They do have drivers licenses and EADs but that could change at any moment.

If at first you don't succeed, then sky diving is not for you.

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Ban shredded cheese. Make America Grate Again .

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I fired myself from cleaning the house. I didn't like my attitude and I got caught drinking on the job.

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JD2 Community Regular

JD2   301

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20 hours ago, appleblossom said:

 

How did they enter - with or without inspection (i.e. through a 'proper' POE, or crossing the border)?

OP said visit visa so we should assume with inspection but the question is do they have proof of that?  It was a long time ago.

Hamdy ELgallad Explorer

Hamdy ELgallad   1

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Filed: F-3 Visa Country: Egypt
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Posted
1 hour ago, Dashinka said:

OP stated they entered on a visit (B2) visa.  I agree with @Boiler though, the overstay is excessive.

 

9 hours ago, Boiler said:

What have they been doing for 25 years?

 

10 minutes ago, JD2 said:

OP said visit visa so we should assume with inspection but the question is do they have proof of that?  It was a long time ago.

 

10 minutes ago, JD2 said:

OP said visit visa so we should assume with inspection but the question is do they have proof of that?  It was a long time ago.

Yes they have the proof and they are paying taxes regularly. They both met in USA. Their marriage is not registered. 

1 hour ago, Neonred said:

We have the same exact situation with our close friends.  They have been in the US for nearly 25 years and have two US born children, one who recently turned 21.  The parents entered on visas, but I don't remember if they were student visas or J-1.  They may have assylum cases.

 

The daughter has filed I130 and I-485 for the parents.  

 

For many years life was relatively normal.  Now they avoid travel not wanting to use airports.  They do have drivers licenses and EADs but that could change at any moment.

 

Hamdy ELgallad Explorer

Hamdy ELgallad   1

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Filed: F-3 Visa Country: Egypt
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Posted
3 minutes ago, Hamdy ELgallad said:

 

 

 

Yes they have the proof and they are paying taxes regularly. They both met in USA. Their marriage is not registered. 

 

 

4 minutes ago, Hamdy ELgallad said:

 

 

 

Yes they have the proof and they are paying taxes regularly. They both met in USA. Their marriage is not registered. 

 

 

4 minutes ago, Hamdy ELgallad said:

 

 

 

Yes they have the proof and they are paying taxes regularly. They both met in USA. Their marriage is not registered. 

 

 

7 minutes ago, Hamdy ELgallad said:

 

 

 

Yes they have the proof and they are paying taxes regularly. They both met in USA. Their marriage is not registered. 

 

 

Crazy Cat Grand Master

Crazy Cat   46,546

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Filed: Citizen (apr) Country: Taiwan
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Posted
2 minutes ago, Hamdy ELgallad said:

 

 

 

 

They have work authorization?  Social Security numbers?  On what basis have they remained in the US for 25 years?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Boiler Grand Master

Boiler   48,933

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Filed: K-1 Visa Country: Wales
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Posted
33 minutes ago, Crazy Cat said:

They have work authorization?  Social Security numbers?  On what basis have they remained in the US for 25 years?

Exactly

“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.”

JD2 Community Regular

JD2   301

Posted
Timeline
Posted
2 hours ago, Crazy Cat said:

On what basis have they remained in the US for 25 years?

In the end, it won't matter, right?  For immediate relatives, overstays, no matter how long, are forgiven.  The only risk I can think of is this administration could detain them and put them in detention until their I-485 is adjudicated.  But, that risk is also there if they do nothing.  So, IMHO, they should file right away, ideally with an attorney experienced in deportation if they can afford it.  Or, if they can't afford it, at least have such an attorney identified so they can call right away if they are detained.

Crazy Cat Grand Master

Crazy Cat   46,546

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
12 minutes ago, JD2 said:

In the end, it won't matter, right?  For immediate relatives, overstays, no matter how long, are forgiven.  The only risk I can think of is this administration could detain them and put them in detention until their I-485 is adjudicated.  But, that risk is also there if they do nothing.  So, IMHO, they should file right away, ideally with an attorney experienced in deportation if they can afford it.  Or, if they can't afford it, at least have such an attorney identified so they can call right away if they are detained.

Yes, I think you are correct.   I asked the question because something is missing in the situation, imo, if they are actually paying income taxes regularly....since a visitor visa does not allow a person to work, obtain a SS number, or file taxes.  Maybe they are asylees.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
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