Recently turned 21 U.S. citizen unable to sponsor my mother?

[lunarose]

Hi,
I have recently turned 21; I am a U.S. citizen and my mother has been living in the U.S. for nearly 5 years, during which she overstayed her visa. I am currently in school and unemployed, which renders me incapable of sponsoring her - even if I am to get a job, I wouldn't be able to generate the required amount of income to hypothetically support the both of us. However, my maternal grandmother, living in Brazil, has been sponsoring us during these years. Is there any hope of assigning her the sponsoring title? How should I proceed with my application to grant my mother a green card?
Any information will be greatly appreciated.
Thank you,
Luna.

[PryncissQueen]

Is your grandmother a US citizen? Only a US citizen can sponsor a relative. The biggest issue may be her over stay... and how long has she actually overstayed?

[Adrian Gruber]

Provisional Life Act 245-i

Hi,
I have recently turned 21; I am a U.S. citizen and my mother has been living in the U.S. for nearly 5 years, during which she overstayed her visa. I am currently in school and unemployed, which renders me incapable of sponsoring her - even if I am to get a job, I wouldn't be able to generate the required amount of income to hypothetically support the both of us. However, my maternal grandmother, living in Brazil, has been sponsoring us during these years. Is there any hope of assigning her the sponsoring title? How should I proceed with my application to grant my mother a green card?
Any information will be greatly appreciated.
Thank you,
Luna.

Hello Luna, I'm not an attorney so my information may not be accurate.


That being said the issue of "overstay" maybe overcome by waiver, I refer you to the Attorney General's
Section 245(i) Provision of the LIFE Act
Q1. What is the Section 245(i) provision of the Legal Immigration Family Equity
Act (LIFE Act)?
A1. Section 245(i) allows certain persons, who have an immigrant visa immediately
available but entered without inspection or otherwise violated their status and thus are
ineligible to apply for adjustment of status in the United States, to apply if they pay a
$1,000 penalty. The LIFE Act temporarily extends the ability to preserve eligibility for
this provision of law until April 30, 2001. Use of Section 245(i) adjustment of status
previously was limited to eligible individuals who were the beneficiary of a visa petition
or labor certification application filed on or before January 14, 1998.
Q2. Who are the "certain persons" covered under Section 245(i) adjustment of
status?
A2. Those covered by the provision are listed at Section 245(a) and (c) of the
Immigration and Nationality Act and include individuals who:
ƒ Entered the United States illegally;
ƒ Worked in the United States illegally,
ƒ Failed to maintain continuously lawful status,
ƒ Entered under the Visa Waiver Pilot Program,
ƒ Entered as foreign crewmen, and
ƒ Entered as foreign travelers in transit without a visa.
Q3. Am I eligible for Section 245(i) adjustment of status under the LIFE Act?
A3. To be eligible, you must:
ƒ Be the beneficiary of a Form I-130 immigrant visa petition ("Petition for
Alien Relative"), or Form I-140 immigrant visa petition ("Immigrant Petition
for Alien Worker"), or Form I-360 ["Petition for an Amerasian Widow(er), or
Special Immigrant], or Form I-526 ("Petition for an Alien Entrepreneur")
filed with the INS on or before April 30, 2001, (either received by INS or, if
mailed, postmarked on or before April 30, 2001) or
ƒ Be the beneficiary of an application for labor certification filed with the
Department of Labor (DOL) according to DOL rules on or before April 30,
2001, and
ƒ Also have been physically present in the United States on December 21, 2000,
if the qualifying visa petition or labor certification application was filed after
January 14, 1998.
All petitions and applications must be properly filed and approvable when filed.
NOTE: There are some groups that may not be affected by any deadlines
related to Section 245(i). The spouse or unmarried minor child of a U.S. citizen or
the parent of a U.S. citizen child at least 21 years of age if he/she was inspected
and lawfully admitted to the United States, but subsequently overstayed his/her
authorized admission or worked without permission, does not need to apply for
adjustment of status under Section 245(i). Also, certain persons who are
eligible for certain employment-based immigrant visas and who were inspected
and lawfully admitted to the United States, but have not violated their status or
worked without permission for more than 180 days, do not have to apply for
adjustment of status under Section 245(i).