Mom claims 21yr old over daughter

[msm0ch4]

It's been 7 years waiting for visa and it is finally available did the whole process went for interviewhat and it was denied said Daughter has file back in country due to overstay and filed after year 2000.

What should we do now? She can't go back to Indonesia she has 2 us citizen daughters both still too young to claim Mom.

How to still get a greencard? This is not right?

[newacct]

Why did she apply for Adjustment of Status if she is out of status and in a non-Immediate Relative category? She is not eligible. That was a very bad idea.

What was her status in the US and when did it expire? Did she have DACA? Did anyone ever petition her before 2001 (even if not her mother)?

[msm0ch4]

Well she is, 43 now and has been an immigrant basically here and mother claimed her at 2004. So is there any way she can get her greencard through parent?

[newacct]

On what visa did she enter the US and when did her status expire?

[msm0ch4]

On what visa did she enter the US and when did her status expire?

she came with a visitor visa it expired a year after she arrive which is 1990 and has overstayed in US till present. Still no status.

[newacct]

She's in a difficult situation. She is not eligible for AOS as she is not in the Immediate Relative category and she is out of status, so she can only immigrate through Consular Processing abroad (in Indonesia) to get an immigrant visa. That requires leaving the US.

She has accrued more than 1 year of "unlawful presence" so if she leaves the US she will trigger a 10-year 9B ban. She can apply for a waiver based on "extreme hardship" to her mother if she can't be in the US. But "extreme hardship" is hard to establish. She should start gathering evidence for it ASAP. There are lots of information you can find on what kinds of things are useful for establishing "extreme hardship", including maybe affidavits from doctors, etc.

Usually, getting this waiver for her immigrant visa can only be done after she is already abroad and triggered the ban. But it is risky to apply for it after leaving the US because if it is denied then she is stuck abroad. There is currently something called the provisional unlawful presence waiver (with form I-601A) to prospectively waive the 9B ban before she leaves the US, so that she will know the answer before deciding whether to leave the US. The provisional waiver is only established by regulation, so there is a chance that Trump and the Republicans will end it altogether, or that they might roll it back to the situation before a few months ago where only people in the Immediate Relative category could apply for it (and she is not in that category so if it goes back to that then she would not qualify; the expansion of eligibility for the provisional waiver only happened in August 2016, recent enough that Republicans could roll it back easily if they wanted to). In any case, she should definitely gather the evidence for "extreme hardship" and submit the I-601A ASAP, and hopefully it won't be ended soon, or if it is ended, hopefully pending applications will still go through.

But if her AOS was recently denied, they may initiate removal proceedings against her. If so, then it may render the whole provisional waiver thing moot, because she will have to leave the US anyway. If she is forced to leave the US, or if the I-601A process is closed down before she can get it, then she will have to file a regular waiver from abroad, using I-601.

Also, since her file is currently with USCIS because she filed AOS, she will need to file I-824 to have it sent to NVC for consular processing. Unfortunately, this will take a while.

[msm0ch4]

ohhok thank you so much for the info.

Could you also please guide me with my other thread in regards to RFE for birth certificates please thank you Your so helpful with knowledge.

She's in a difficult situation. She is not eligible for AOS as she is not in the Immediate Relative category and she is out of status, so she can only immigrate through Consular Processing abroad (in Indonesia) to get an immigrant visa. That requires leaving the US.

She has accrued more than 1 year of "unlawful presence" so if she leaves the US she will trigger a 10-year 9B ban. She can apply for a waiver based on "extreme hardship" to her mother if she can't be in the US. But "extreme hardship" is hard to establish. She should start gathering evidence for it ASAP. There are lots of information you can find on what kinds of things are useful for establishing "extreme hardship", including maybe affidavits from doctors, etc.

Usually, getting this waiver for her immigrant visa can only be done after she is already abroad and triggered the ban. But it is risky to apply for it after leaving the US because if it is denied then she is stuck abroad. There is currently something called the provisional unlawful presence waiver (with form I-601A) to prospectively waive the 9B ban before she leaves the US, so that she will know the answer before deciding whether to leave the US. The provisional waiver is only established by regulation, so there is a chance that Trump and the Republicans will end it altogether, or that they might roll it back to the situation before a few months ago where only people in the Immediate Relative category could apply for it (and she is not in that category so if it goes back to that then she would not qualify; the expansion of eligibility for the provisional waiver only happened in August 2016, recent enough that Republicans could roll it back easily if they wanted to). In any case, she should definitely gather the evidence for "extreme hardship" and submit the I-601A ASAP, and hopefully it won't be ended soon, or if it is ended, hopefully pending applications will still go through.

But if her AOS was recently denied, they may initiate removal proceedings against her. If so, then it may render the whole provisional waiver thing moot, because she will have to leave the US anyway. If she is forced to leave the US, or if the I-601A process is closed down before she can get it, then she will have to file a regular waiver from abroad, using I-601.

Also, since her file is currently with USCIS because she filed AOS, she will need to file I-824 to have it sent to NVC for consular processing. Unfortunately, this will take a while.