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Sponsoring overstayed (NON-illegal entry) Mexican parents

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  • Sponsoring overstayed (NON-illegal entry) Mexican parents

    Hi,

    I am a naturalized US citizen. I married someone who overstayed her Mexican tourist visa in 2005. After 3 years of marriage, she is eligible to apply for her US citizenship at time now. I am not concerned for her.

    My concern is for her parents and siblings who are here as undocumented aliens from Mexico. They entered the US over 10 years ago with a valid, legal tourist visa. They have an I-94 card.

    How can we help them and what is the quickest way? What will my wife's parents and siblings be able to obtain? Will they be required to leave the U.S.? Can my wife sponsor her parents now as a LPR or a pending US Citizen applicant and does she need to upgrade later when she gets her US Citizenship? What is better or faster?

    Thank you.

  • #2
    Hi,

    I am a naturalized US citizen. I married someone who overstayed her Mexican tourist visa in 2005. After 3 years of marriage, she is eligible to apply for her US citizenship at time now. I am not concerned for her.

    My concern is for her parents and siblings who are here as undocumented aliens from Mexico. They entered the US over 10 years ago with a valid, legal tourist visa. They have an I-94 card.

    How can we help them and what is the quickest way? What will my wife's parents and siblings be able to obtain? Will they be required to leave the U.S.? Can my wife sponsor her parents now as a LPR or a pending US Citizen applicant and does she need to upgrade later when she gets her US Citizenship? What is better or faster?

    Thank you.

    Comment


    • #3
      Please only provide constructive, practical suggestions advice or experience. No lessons on morality, please. I know all the arguments already.

      Comment


      • #4
        Hello pauliejc and welcome to the forum.

        Her parents and brothers/sisters are eligible for adjustment of status through a family member, ie your wife. However, the wait times would be extremely long

        If your wife decides to go through with this, she will need the following forms:[LIST]<LI>Form I-130
        <LI>Form I-485A
        <LI>Form G-325A Biographic Data Sheet (Between the ages of 14 and 79)
        <LI>Form I-693 Medical Examination Sheet
        <LI>Two color photos taken within 30 days for each family member
        <LI>Form I-864 Affidavit of Support
        <LI>Evidence of inspection, admission or parole into the United States (Form I-94, Arrival Departure Record).

        Click here to see priority info for the family members

        Click here on How do I help my family members become permanent residents.

        Hope this helps. Good luck to you.
        "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

        Comment


        • #5
          Only US citizens can sponsor parents and siblings. Your wife will have to wait until she becomes a citizen to file for them.

          Parents of US citizens are considered "immediate family", meaning there is no special wait for them (except how much time it will take to process the petition). Hudson listed the forms. Small correction: I-485 not I-485A. And add to that I-765 - Application for Employment authorisation so they can start working legaly while they are waiting to adjust status in the USA.

          It is a different story for siblings. They are in family preferance category, so they will have to wait many years before is their turn to get "immigrant visa number". Since they are not in legal status, they can not adjust status in the USA. They will have to go through a consular processing to get a proper immigrant visa. Once they live the USA, they will be banned from returning for 10 years (overstay 1+ year)... and can only get their immigrant visas if they prove that a qualifying relative (parents, children, spouses (have to check if siblings also)) will suffer extreme hardship if they are not allowed back in. So, for them no need for I-485 form.

          This is in general, but details may make a difference.
          How old are siblings?
          Has anybody ever sponsored them before?

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pauliejc:
            Hi,

            I am a naturalized US citizen. I married someone who overstayed her Mexican tourist visa in 2005. After 3 years of marriage, she is eligible to apply for her US citizenship at time now. I am not concerned for her.

            Thank you. </div></BLOCKQUOTE>


            YOur wife can apply for naturalization 2 years and 9 months from the date on her conditional greencard using the basis of marriage to usc. It is not just 3 years of marriage. Uscis times the years of your marriage from when greencard is issued.

            Depending upon your service center, the process could take anywhere from 11 months to 16 months.

            Comment


            • #7
              Dear 4Now:

              Yes, She is applying 120 days prior to her 3 year mark since she got her green card. She is eligible to apply any time, Once I am clear as to whether we need to or can do anything for her parents.

              Thank you,

              pauliejc

              Comment


              • #8
                Dear Aneri and Hudson,

                Thank you for taking the time to reply.

                So, basically, she needs to get her US Citizenship first. Then apply for her parents, who are in an immediate relative category, and is not required to leave the country and should be able to get their work authorization relatively quickly.

                As for the sisters, my wife can sponsor them, and because they are in the 4th category, and have entered legally, apply with I-130. But can I apply to adjust their status concurrently with I-130? If not, then they need to do consular processing when they get their visa, which could take how long? (processing dates go back to 1995 right now, is that what I'm looking at?)

                Thanks!

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pauliejc:
                  Dear 4Now:

                  Yes, She is applying 120 days prior to her 3 year mark since she got her green card. She is eligible to apply any time, Once I am clear as to whether we need to or can do anything for her parents.

                  Thank you,

                  pauliejc </div></BLOCKQUOTE>



                  It is 90 days. If she applies 120 days, the application will be returned back to you.

                  Comment


                  • #10
                    Davdah,
                    I do live in a community property state.
                    I understand that I am going to have to support my wife's parents and all of her debts or obligations, possibly indefintely. She supports me in all of my endeavors and career decisions. Thank you for reminding me why she and her family deserves our co-sponsorship. I would support them even if my marriage turned sour. They are good people. I'm not sure if you are trying to tell me something morally or really trying to offer some advice, but I just want to let you know where I come from:

                    My aunt is from China. She got her US Citizenship after many years in the US, working for the US Post Office. She sponsored her mother, my grandmother, and all of her 7 siblings. Through my aunt, there are 3 generations of Chinese/Taiwanese US Citizens in the US now. I'm glad that she took on that obligation and didn't worry about what might happen, or how her marriage might turn out. She helped so many people. Now, I have cousins who graduated or are attending Harvard Graduate School, top MBA programs, UCLA, Berkeley, UCSD, USC, UCI, Air Force, & Marines. I have relatives who do community service and volunteer work all over the US and in other countries. Not that I wholeheartedly support the dangerous and illegal practice of coming into the country illegally, but if the country is not worth sneaking into anymore, then what are you saying about your country, regardless of whether we have a democrat or republican, or how we vote? Your quote doesn't really make sense. I think you can say a lot more and affect a lot more people positively if you had a different quote, that's all.


                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
                    Read the I-864 yourself. If you live in a community property state you are equally and severally liable for any debts or obligations of your spouse. This would include support of her family. Regardless if you sign and if your marriage terminates. The obligation can continue indefinitely. </div></BLOCKQUOTE>

                    Comment


                    • #11
                      Yes, sorry, I meant 90 days.

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pauliejc:
                        So, basically, she needs to get her US Citizenship first. Then apply for her parents, who are in an immediate relative category, and is not required to leave the country and should be able to get their work authorization relatively quickly.! </div></BLOCKQUOTE> yes
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pauliejc:
                        As for the sisters, my wife can sponsor them, and because they are in the 4th category, and have entered legally, apply with I-130. But can I apply to adjust their status concurrently with I-130? If not, then they need to do consular processing when they get their visa, which could take how long? (processing dates go back to 1995 right now, is that what I'm looking at?) </div></BLOCKQUOTE> yes, sisters can't adjust status in the USA based on your wife's petition. I-130 may approved within months or years, but they then have to wait for an available spot to immigrate -"immigrant visa number", that may take 15 years.. only after that an interview for visa is scheduled.

                        There are some other options... Parents, once they become permanent residents, can sponsor daughters... then you look into F2 category... but again, they can't adjust status in the USA based on parent's petition... and consular processing means leaving the country, getting ban on return, having to get extreme hardship waiver approved...

                        How old are sisters?

                        Comment


                        • #13
                          I thouht overstays were only forgiven for Spouses, not parents.

                          Comment


                          • #14
                            they are "forgiven" to immediate relatives: spouses, parents and children (under 21) of USC

                            Comment


                            • #15
                              Thank you.

                              The sisters are all over 21 years old: 31, 25, 22. None are married.

                              I guess that's true that they don't necessarily need to have an immigrant visa right away, but even some temporary status would be fine, such an F-1 or F-2.

                              Comment



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