Petitioning an illegal immig. help

[mexi 0]

SO I have been a green card holder for 3 yrs, married with my US citizen man for 4 yrs and is now ready to file for n400.

My big question is, can I petition a relative (my mom, using I-130) who is ALREADY here in the US, same time I file for n400? She got to the US years ago thru work visa but she overstayed. Will I have problems with this? I am her only hope.

Anybody who can help? anyone who had the same situation? Did you get approved? Will that 'endanger' my US citizenship filing?

[NArocks 13]

Did your mom enter the country legally? Does she still have her I-94?

You can not petiton her unitl you have your Certificate of naturalazation.

[Chica Yeyé 41]

No you cannot petition her until you are a USC. It is recommended she go back home while this happen, so as to not face a loooooong ban. Best of luck.

[mexi 0]

Did your mom enter the country legally? Does she still have her I-94?

You can not petiton her unitl you have your Certificate of naturalazation.

Yes she entered here using a work visa then she overstayed.

I swear I have read somewhere here in VJ that I can, at the same time, file i-130 same time as n400???!!

[Chica Yeyé 41]

No you cannot petition her until you are a USC. It is recommended she go back home while this happen, so as to not face a loooooong ban. Best of luck.

I withdraw this. If she overstayed, that is different.

[Kathryn41 3,205]

No, you need to submit proof of your US citizenship with the I-130 and the two forms are processed in entirely different places. You are allowed to submit the I-130 at the same time as the I-485 for someone who is adjusting status based upon marriage, but you can't submit the N-400 and the I-130 together for someone to get a benefit based upon a benefit you yourself don't already have. You need to be a citizen first. You can submit the I-130 but it would be based upon your existing PR status and you would then have to update that status after you got your citizenship so there is no real point to submit the I-130 now. I am not sure if other relatives besides spouses can adjust status from within the US if they are out-of-status. You may have to address that issue as well.

[NickD 202]

Take a close look at questions 13 and 14 on the I-130 form, if the alien is here, better be here legally. And here legally means via an immigration visa issued by the DOS with quotas for all countries, we are going through this now with my wife's over 21 unmarried son.

You have to be a USC to petition for a parent, can read all about this stuff both in the DOS and USCIS sites or hire an immigration attorney, I just verified everything with my immigration attorney, we became friends over the years. We are not expecting to see anything for the next five years.

[JERIII 8]

I am not sure if other relatives besides spouses can adjust status from within the US if they are out-of-status. You may have to address that issue as well.

All of the so-called "immediate" relatives of a US Citizen - spouse, parents, unmarried children under 21 can adjust from overstays. The mother should NOT leave, as that would trigger a ban.

[NickD 202]

I am not sure if other relatives besides spouses can adjust status from within the US if they are out-of-status. You may have to address that issue as well.

All of the so-called "immediate" relatives of a US Citizen - spouse, parents, unmarried children under 21 can adjust from overstays. The mother should NOT leave, as that would trigger a ban.

But we can't do that with an over 21 unmarried son? Certainly no expert on immigration law and parents take precedents over kids, even if over 21? Made damn sure my under 21 step daughter was here legally. Please quote the law on this, I can't find it.

[maryces21 0]

I am not sure if other relatives besides spouses can adjust status from within the US if they are out-of-status. You may have to address that issue as well.

All of the so-called "immediate" relatives of a US Citizen - spouse, parents, unmarried children under 21 can adjust from overstays. The mother should NOT leave, as that would trigger a ban.

But we can't do that with an over 21 unmarried son? Certainly no expert on immigration law and parents take precedents over kids, even if over 21? Made damn sure my under 21 step daughter was here legally. Please quote the law on this, I can't find it.

Read Instructions for I 485 #10 part F. They did not included children over 21. I guess USCIS do not consider your children "your children" when they reached 21 years old.

[Old Dominion 26]

First become a USC and then proceed with filing for your mother.

She is currently an illegal alien, and should return to Mexico. If she has overstayed for quite some time, i.e., a year or more, that will be a problem for her no matter what. If she were to marry a USC, with bona fide intentions, she could stay and get her GC without too much of a problem.

[NickD 202]

I am not sure if other relatives besides spouses can adjust status from within the US if they are out-of-status. You may have to address that issue as well.

All of the so-called "immediate" relatives of a US Citizen - spouse, parents, unmarried children under 21 can adjust from overstays. The mother should NOT leave, as that would trigger a ban.

But we can't do that with an over 21 unmarried son? Certainly no expert on immigration law and parents take precedents over kids, even if over 21? Made damn sure my under 21 step daughter was here legally. Please quote the law on this, I can't find it.

Read Instructions for I 485 #10 part F. They did not included children over 21. I guess USCIS do not consider your children "your children" when they reached 21 years old.

Already done that and checked it out with my attorney, as a NB USC is could petition for his sister, but not for him. Wife could have when she became a LPR, but the wait was like ten years. so we waited until she became a USC. Yeah kids, had to tell my 18 year old daughter, she either had to go to college or find a high paying job so she could get health insurance. A high school graduate is lucky to get a minimum wage job that doesn't even pay enough to buy health insurance. She went to college so she could stay on our plan Because she turned 18, couldn't tailgate her mom to become a USC, another 595 bucks out the window, would had to pay the 80 bucks either way. So not only are kids above 21 not your kids anymore, USCIS can't make up their minds if an adult is 18 or 21. Whatever suits them the best.

[Richard90027 1]

SO I have been a green card holder for 3 yrs, married with my US citizen man for 4 yrs and is now ready to file for n400.

My big question is, can I petition a relative (my mom, using I-130) who is ALREADY here in the US, same time I file for n400? She got to the US years ago thru work visa but she overstayed. Will I have problems with this? I am her only hope.

Anybody who can help? anyone who had the same situation? Did you get approved? Will that 'endanger' my US citizenship filing?

She should be deported!!!!

[NickD 202]

SO I have been a green card holder for 3 yrs, married with my US citizen man for 4 yrs and is now ready to file for n400.

My big question is, can I petition a relative (my mom, using I-130) who is ALREADY here in the US, same time I file for n400? She got to the US years ago thru work visa but she overstayed. Will I have problems with this? I am her only hope.

Anybody who can help? anyone who had the same situation? Did you get approved? Will that 'endanger' my US citizenship filing?

She should be deported!!!!

Better to leave voluntarily than to get deported, wife knows of cases were Mexicans have done that and were successfully petitioned. We did have open borders with both Mexico and Canada for years, but all that has changed.

Let's not be negative, we are all immigrants to this land, even the Indians from Asia 10,000 years ago, cept now, we have laws.