KMArmenta

2 minutes ago, geowrian said:

The 20 years (assuming that is correct) of the ban haven't passed then. Only 20 chronological years have passed.

The 9C bar is the biggest issue as that is permanent and only waivable via an eligible relative + after 10 years outside of the US.

 

1) She will not lie as that absolutely will not go well.

2) I'm sure they can find records of her in the US during that time.

3) She has no verifiable evidence of being outside the US during that time (because she wasn't). How was she supporting herself outside the US for 20+ years?

There's virtually no way a CO would miss all of the points above.

 

Same type of issues with the bar as noted previously. A waiver is technically available but I just can't see that actually happening. This is theoretical, not practical.

 

As others noted, this isn't how US work visas work. Tanning salon techs and bookkeepers are not generally eligible for any work visa. Most work visas require at least a BS in a relevant field, are very expensive to the employer, must show that a US-authorized worker cannot be found, etc. Also, trying to get a work visa for a close family member is going to raise quite a few flags.

 

Basically, a work visa option is not remotely practical.

I figured it would be far fetched, but I still wanted to be sure. 

1 minute ago, Boiler said:

Parole in Place would be the obvious option, IR and son in Military.

 

But no way would a Lawyer make absolute statements knowing no details, it is absolute statements on very little information I object to.

How can we find out for sure what type of ban she has? FOIA returned nothing.

5 minutes ago, Boiler said:

Of course there is, CoR and PiP most obviously. Amnesty have happened.  Technically a Private Bill which seems unlikely, there may be other things I do not know.

 

The potential 9C is the complicating factor.

What are COR and PIP?

2 minutes ago, Sarah&Facundo said:

I have to say it, even though I am SURE there will be backlash about it but whatever. I won't reply to it.

 

I think sometimes we forget that when we are talking about people's situations especially illegals, we are talking about other HUMANS. Family members. People that are very meaningful to others. We are all here on visajourney because somewhere along the way, we were separated from our loved ones so if anything, we should be understanding. It isn't easy. Do people make mistakes or poor decisions? Yes. Are they aware this was not a smart idea? Yes. But the OP's mother-in-law is still a person---a human being. And as far as we know, she isn't a murderer or did any type of dangerous criminal activity that hurts someone. Sometimes I feel like people act like those who crossed/overstayed did the WORST possible thing imaginable. 

 

We know immigration is a hot topic and there are millions of illegal immigrants who have crossed/overstayed  in the US. But each one is a person with a story, family, etc.  But when these people want to try to fix it and do the right thing, there are literally ZERO options. If this country created some type of path to citizenship, these people could come out of the woodwork and  also become taxpayers. We could reunite families the right way. 

 

For those of us who did it legally, that is great. We have nothing at all to worry about. I can sleep at night knowing my husband is not at risk for deportation and that is great. I'm glad we went the route we did and we were guided well. My husband was not in any type of oppressed situation and never once felt like he had to leave due to bad circumstances in his country. My husband's immigration status is not effected by anyone else. But it just drives me crazy when people who gained status through marrying in or whatever all of a sudden act like they are better and more deserving than anyone else. No, they were just lucky they met the right person. It is situational. 

 

OP, I do not know enough about the system to advise you on how to fix your mother-in-law's situation. But I just want to say that I feel for you and your family and wish you the best of luck! 

Thank you! 

4 minutes ago, SusieQQQ said:

I think people may have seemed “angry” because it didn’t seem like you were understanding , or wanted to understand, but I think it’s clear you do now. 

also bear in mind most people here have jumped through all the hoops to do everything legally - and get naturally angry when they see someone trying to beat/cheat the system. 

Good luck with your MIL. Hope she does the right thing.

I do understand. I just wanted to make sure I was clear on every aspect. We too, have gone through the hoops of doing things legally. 

I’m sure many people here can understand and relate to the pressures parents put on their children who become naturalized.

2 minutes ago, SusieQQQ said:

The harsh truth is that the only legal option you have is to drive her to the border.

Thank you, Susie. That was my main purpose here. 

It seems many many people are angry with me for the actions of my mother in law, even though I agree she’s in the wrong and only want to find out how we can fix the situation. Obviously going back to Mexico isn’t an option on her radar, or she would have gone when we offered to support her financially there.

Just now, aaron2020 said:

Sorry, but you can't just hire a foreign person for a job and get her a work visa.  The system doesn't work like that.  The system is based on the employer not being able to find US talent and needing to import a worker.  You can hire a US technician or get a US bookkeeper.  You don't need to bring a foreign person to the US to do work that can be done by an American.

Furthermore, the ban is still in place.  There is no work visa with a ban. 

 

Your MIL has no way to become legal.  Absolutely none.  

 

Best of luck.

I don’t know how it works, that’s why I’m here trying to find out what options we may have. If there are no options, So be it. But I have to atleast try to find out.

Just now, carmel34 said:

You realize that there are serious consequences for any employer who hires an illegal alien?   See this for a summary of what could happen to you if you try this and get caught:

https://www.uscis.gov/i-9-central/penalties

This was in reference to the possibility of being able to sponsor her for a work visa via my companies. Thanks.

Just now, SusieQQQ said:

Logically: if it was this easy for anyone illegal supposed to be serving a ban to become legal, everyone would do it. Her only legal option is to leave and serve out the ban.

That’s true. Thank you.

2 minutes ago, Roel said:

I just assume that everything we say won't matter because mother wont leave and she'll remain illegal and live her life in the US. Unless she get deported. 

Most likely, but we are willing to try and rectify the situation to whatever extent we can on OUR side for her. 

3 minutes ago, Boiler said:

Well as a non immigrant theoretically, D3 waiver, but practically? What is her skill set?

I can get her certified as a technician fairly quickly and hire her into my tanning salon, or I could hire her in as a bookkeeper for my primary business.

1 minute ago, belinda63 said:

Correct she has a ban from entering the US. A ban that she has not even begun to serve out. She is not eligible for any legal status in the US at this point. Not a work visa, not a tourist visa, not an immigrant visa, nothing. 

Ok. Thank you. 

Would there be essentially no option for me to sponsor her for a work visa because of these things as well?

Just now, WeGuyGal said:

The consequence would be to serve the ban by exiting the US asap. 

 

Where was the realization of consequence when she continually and illegally entered the US DESPITE her knowing about the ban?

We have no control over that, I agree she was wrong.

Just now, Roel said:

Then he needs to tell her to leave and not lie. 

We actually have told her we will financially support her if she returns to MX, as well as allow his minor brother(US Citizen) to live with us. She doesn’t want to do that, so I’m just trying to determine our options (if any) for helping her. We have no intentions of lying to immigration, I’m just trying to fully understand how the process would work. 

I’m not trying to cheat the system, only to understand. 

I realize she broke the law multiple times and there are consequences for that. It doesn’t change the fact that she is his mother and he feels responsible to do whatever he can (LEGALLY) to help her situation.

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.

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!

Hello,

In 2015 my husband (married 09/2014) received 2 year conditional residency after adjustment of status from DACA. We have just moved away from the address used on all of his immigration documents, do i need to submit a change of address form so that any possible correspondence from immigration will be sent to our new address, and can i use a post office box or must it be a physical address?

Thanks!

Hello,

Even if DACA is no longer an issue, can his PR be taken if a president with a harsh immigration policy is elected? We just want to be very sure he can not be deported or lose his status.

Hello,

We already have all of our bills and things in both names and file taxes jointly. We are worried that because his residency is conditional and was gained through DACA that it may be overturned with the upcoming presidential election.

So we must wait until 90 days before the expiration of his GC to file the i751? Is there anything we can do before that?

Hello,

We were married September of 2014. He received his GC July of 2015. Yes, his GC is for two years. What form do we need to file to remove the conditions? I thought we just waited the two years, then renew it and the conditions would be removed.

Hello all,

My husband was a DACA and had adjusted to a permanent resident. Now we are excited to begin the process of Applying for US Citizenship. What are the basic forms needed, and a general idea of cost? Any advice? Do you moat do this with lawyers or is it possible to do ourselves?

Is there a way they could apply through an employer?