I-485 "Evidence of Continuously Maintaining a Lawful Status Since Arrival in the US"

[andrewgt9]

I am trying to sponsoring my mother who came to the US over 30 years ago using a tourist visa and over stayed. She has been here ever since. I am trying to fill out I-485 but one of the requirements is "Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States" which we do not have.

Anyone applying under the following immigrant categories must submit evidence to show they have continuously
maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA
section 245(c)(2)

She does not have her original passport or I-94.

The instructions clearly state that she is barred from adjustment by "INA section 245(c)(2)"

Questions:
Will I be able to get the I-94 from 30 years ago via form i102, and will that be enough evidence that she came legally?
Will the overstay be forgiven?

Thank you.

[Tezza]

I am trying to sponsoring my mother who came to the US over 30 years ago using a tourist visa and over stayed. She has been here ever since. I am trying to fill out I-485 but one of the requirements is "Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States" which we do not have.

Anyone applying under the following immigrant categories must submit evidence to show they have continuously
maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA
section 245(c)(2)

She does not have her original passport or I-94.

The instructions clearly state that she is barred from adjustment by "INA section 245(c)(2)"

Questions:
Will I be able to get the I-94 from 30 years ago via form i102, and will that be enough evidence that she came legally?
Will the overstay be forgiven?

Thank you.

It seems she will fall into the "immediate relative" category as defined by USCIS as:

Children, unmarried and under age 21;
Parents, if the petitioner is age 21 or over; and
Spouse

So if you're over 21 and a US Citizen then you can petition on your mother's behalf and the overstay is generally forgiven. As for getting the I94 I am sure you could but I am not sure, so hopefully someone else can answer that question.

[newacct]

I am trying to sponsoring my mother who came to the US over 30 years ago using a tourist visa and over stayed. She has been here ever since. I am trying to fill out I-485 but one of the requirements is "Evidence of Continuously Maintaining a Lawful Status Since Arrival in the United States" which we do not have.

Anyone applying under the following immigrant categories must submit evidence to show they have continuously
maintained lawful immigration status while in the United States and are therefore not barred from adjustment by INA
section 245(c)(2)

She does not have her original passport or I-94.

The instructions clearly state that she is barred from adjustment by "INA section 245(c)(2)"

Questions:
Will I be able to get the I-94 from 30 years ago via form i102, and will that be enough evidence that she came legally?
Will the overstay be forgiven?

Thank you.

As I responded to your previous thread, that requirement does not apply to her; she is not in one of the categories which needs to provide such evidence. She is in the Immediate Relative category, and if you read the instructions closely, that is not one of the categories that that section applies to. Overstay, no matter for how long, is completely irrelevant to AOS in her category.

She only needs to provide evidence that she entered the US legally. What evidence does she have? Usually, an I-94 or an entry stamp on her passport would be the evidence she would provide. If she has lost those, she can try to file I-102 for a replacement I-94, or make an FOIA request to CBP for their entry records. Who did she enter the US with? Can anybody corroborate where and when she entered the US?