approved petition for illegal alien mom. Can she adjust status without leaving the country?
A friend of mine is a US citizen who recently filed a successful immigration petition for his mom. The problem is his mom has been in the United States illegally for about two years. He got a letter from Immigration stating that processing of his mom’s paperwork has been transferred to the National Visa Center and that she needs to designate an embassy outside of the United States where she will need to go to obtain an immigrant visa.
I have two questions:
1. Is it anyway possible to process her adjustment of status without her having to leave the country?
2. If she leaves the country will the fact that she has been an illegal immigrant affect the processing of her visa?
Thanks for your response.
1. Yes, she can adjust her status if her child is a US citizen and the mother enter the country with inspection. She is IR (immediate relative) – this group of people CAN adjust the status while in the USA even if they have been over here illegal (or I should say: overstayed their visas). See: “If you are a U.S. Citizen, your parent is considered an immediate relative and is immediately eligible for an immigrant visa if your petition is approved. Generally, if your parent is in the U.S. (through a lawful admission or parole) at the time you file the Form I-130, Petition for Alien Relative, your parent may file a Form I-485, Application to Register Permanent Residence or to Adjust Status at the same time.” Don not worry about the NVC- just cal them and let them know that your parent is going to adjust the status in the USA.
See: “The following classes of people shall not receive adjustment of status:
(1) alien crewmen;
(2) anyone (OTHER THAN “immediate relatives” as that term is specially defined), who continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States; (..)” It states clearly that even if someone is illegal but he/she is an immediate relative so he/she CAN adjust her status in the USA.
2. If she comes back to her country she will be barred for 10 years. She can apply for a special waiver but it is almost immpossible to get it, it is expensive and it takes time.
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