Parent of citizen

[Jamila]

I have a friend who recently become a citizen and would like to apply for her parents to obtain a green card, the parents have been in the US for many years having overstayed a tourist visa. They have always paid taxes and been law abiding. They did leave once and returned on a visa waiver. From what I read it seems they will still be eligible for adjustment of status but they are reluctant to apply because of the possibility of deportation. Could anyone who has been through this help us please ? Thank you.

[JoeF]

Oh boy. They entered by lying about their previous overstay. That can cause a lot of problems.

They need to discuss this with a good immigration lawyer ASAP.

[rahul412]

I have a friend who recently become a citizen and would like to apply for her parents to obtain a green card, the parents have been in the US for many years having overstayed a tourist visa. They have always paid taxes and been law abiding. They did leave once and returned on a visa waiver. From what I read it seems they will still be eligible for adjustment of status but they are reluctant to apply because of the possibility of deportation. Could anyone who has been through this help us please ? Thank you.

That's clear dude, they have abused the immigration laws.

Because of these kind of people genuine applicants are facing trouble in getting their visa.

They have always paid taxes and been law abiding..

They have already broke the law by overstaying.

[Belle]

They need a good attorney. My guess, they are inadmissible due to overstay, and once they leave, the 10 year admissibility bar kicks in. My best guess is that they would have to wait until the immigration reform passes. If it passes.

[omshiv]

my question is...if they were on Visitor's visa..how did they even pay taxes? i mean..on their visa..they woulnt even be able to get SSN right?...somethings wrong here.

also if they overstayed in their previous visit..how were they allowed this time?

also JoeF..when you say they lied about their previous overstay....wouldnt CBP find about it at POE?

[omshiv]

if my understanding is correct..there might be some flaw in the current system.

[JoeF]

also JoeF..when you say they lied about their previous overstay....wouldnt CBP find about it at POE?

The officer may not have checked the database. And in the past, these things were not updated very quickly.

[Belle]

If you enter on a visa waiver, they generally ask you about the purpose of your trip. Not sure if the CBP asks about previous overstays, but unless they suspect something, it's unlikely. If someone has Canadian passport, the exits from the US are generally not recorded, so CBP would not know if someone has overstayed.

Rahul, no, the immigration system is not backed up because of people like that. It is backed up because of ridiculous quotas, to which immediate relatives are not subject.

[rahul412]

Rahul, no, the immigration system is not backed up because of people like that. It is backed up because of ridiculous quotas, to which immediate relatives are not subject.

Yes, I agree. But what about the overstay during the visit??

[JoeF]

Yes, I agree. But what about the overstay during the visit??

Overstays are forgiven for immediate relatives, but other things, like lying when entering, may not.

[rahul412]

Overstays are forgiven for immediate relatives, but other things, like lying when entering, may not.

That's not fair..!!!

[omshiv]

Not sure if the CBP asks about previous overstays

I thought they would have their previous I-94 dates..they wouldnt ask the visitors if they have overstayed previously.

[Belle]

Yes, I agree. But what about the overstay during the visit??

What about it? It does not have any impact on... well... anything other people do.

[Belle]

Overstays are forgiven for immediate relatives, but other things, like lying when entering, may not.

I was under impression it was forgiven for spouses and children only, and not parents. But then I might be mistaken here.

[rahul412]

So you mean to say that overstaying is allowed in some cases??

[JoeF]

I was under impression it was forgiven for spouses and children only, and not parents. But then I might be mistaken here.

INA 245(b)(2) says "...other than an immediate relative as defined in section 201(b)..."

And INA 201(b)(2)(A)(i) defines immediate relative as "(2)(A) (i) Immediate relatives. - For purposes of this subsection, the term "immediate relatives" means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. "