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I am a US Citizen. I want to petition my mother for Green Card. My mother came to US as a tourist in 1992, lived here 4 years and went back to Sri Lanka (Native Country) in 1996. She said she applied in the US as a refuge and so on. ( she is not sure about all that information as one of my other family member helped her to get those things done , when she came to US as a tourist) she said she had a valid social security card and a Identification card which she did filed her taxes and got returns too, but she does not have them with her anymore or she does not remember the numbers on any of them. Before I petition my mother, can an attorney find any information about her prior stay if I provide her information.?/ and also information regarding if she stayed illegal and if she had any issues inthe states before I help her?
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Last edited by sajinee19; 01-13-2014, 09:59 PM. -
Attorneys lack the authority to "routinely" request prior visa information (almost 20 years ago) from INS (now USCIS). You may pay a startup retainer of $1,000 or more to have him request prior visa information using a "Freedom of Information" release signed by your mom, but it might be a wasted attorney fee.
You can simplify your plans greatly by just submitting an I-130 for mom, answering "yes" to Part C, #13. That is all the prior info required from you, and let USCIS decide if mom faces any penalties for overstay or prior adjudication result.
--Ray B
Originally posted by sajinee19 View Post -
Thank you for the information. What are the reasons/possibilities that her I - 130 get reject?Comment
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An I-130 might get rejected for any history of prior visa fraud, lengthy visa overstay, insufficient evidence of parent-child relationship.
If the I-130 gets past the USCIS approval stage, it's just a matter of sponsorship, legal civil documents, and the consulate interview of mom.
--Ray B
Originally posted by sajinee19 View PostComment
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"lengthily visa over stay" if it has been almost 20 years since someone left US, u think there still not forgiven?
And one more question if it's possible to answer : If someone was a refugee in the states and go back to his/her native country. can his/ her US citizen son petition that person for green card? are we looking at a possible denial in that case?Comment
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I experienced a Green Card denial for a client who did not honor the 2-year exit after completing a J1 visa stay 35 years previous.
Returning to one's country after claiming refugee status is not grounds for denial. But overstay an allowable parole might be an issue which may hinder future approvals.
--Ray B
Originally posted by sajinee19 View PostComment
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Sajinee,
The most you have to lose is $420. Just think of it as a $420 risk to see if mom will have any problems getting to the U.S. again. You're working with insufficient information to have an informed picture of what mom did, so your best option is to risk the submittal fee.
--Ray B
Originally posted by rayb View PostComment
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my concern is not losing money. what I wanna know is, if I hire an expert attorney, can he/she do anything special to help me with my case. I mean if the attorney only filing I-130 , I don't think it's worth to spend attorney fee only for that.Comment
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All an attorney can do for you is fill out the two-page I-130, advise you of needed evidence, then submit the package with the evidence. $2000 is an average fee for that complicated process, sometimes more. Whatever you do, do not hire someone outside the U.S. to do this paperwork for you.
Attorneys are best used when one needs experienced representation at an immigration-related hearing when adverse adjudication is taking place.
--Ray B
Originally posted by sajinee19 View PostComment
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Thank you for the valuable Information and kindness for taking time to answer the questions.Comment
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