mei-li

I have a friend who came to US with her mother on a tourist visa for the purpose of visiting her sister who is going to have a baby. However, her mother had a stroke and was paralysed. They were unable to return home (Malaysia). They probably extended their tourist visa once. Due to the stresses of life they did not extend their visa again when it expired.
Instead, my friend filed an application with the US Immigration to apply for a PR status after she received advice from a lawyer. They were advise not to apply for their mother. That was about 6 years ago. Since then her mother had passed away recently. She woke up from 8 years of daily dedication of taking care of her sickly mother and the recent grief to find out that her Malaysian passport has expired. She desire to remain in US if possible.
Would appreciate any input of what is the best action for her to take at this point.

ian-mstm

Since you ask, her *best* action right now would be to speak to an experienced immigration attorney... a different attorney than the one she spoke to before. I'm surprised the other lawyer even suggested that she should apply for adjustment since she has *no* basis for such an adjustment... unless there's more to the story than you're telling us. At any rate, she should *not* leave the US under any circumstances... she will be subject to an immediate 10-year ban if she does.

Ian

mei-li

Thanks Ian for your input, will find out more from her to see whether there are any details I am not aware of.

fatbrit

Far too few details to tell whether she is able to adjust status. On what basis is she so doing?

scrubbedexpat099

If it was a bit more than 6 years ago they could have ben going for the last amnesty, but more detail required.

mei-li

My friend applied through the sponsorship of her sister.

GREEN CARD THROUGH RELATIVES
(Below info is from US Immigration Website)

Obtaining a Green Card through Relatives is one possible option for individuals who have close relatives or family members in the United States. Family members may be eligible to apply for permanent residence (Green Card) if the sponsoring relative is a United States citizen. The process of completing and submitting an application for a Green Card for your relatives can be both costly and confusing. The Green Card through Relatives Application Guide makes the application process easy to understand. This is a step-by-step guide to help you file your Family-Based Green Card application as efficiently and quickly as possible.

You may submit an application for a Green Card if you have a close family member who is a United States citizen by birth or through naturalization.

The family member who will sponsor you for a Green Card can be your:
Husband or wife (please refer to our Green Card through Marriage application)
Widow or widower of a U.S. citizen
Brother or sister (including half-brothers and half-sisters)
Son or daughter (including illegitimate children)
Stepson or stepdaughter
Stepparent of a U.S. citizen child
Adopted son or daughter
Adopted parent (please refer to our Green Card through Adoption section)
Father or mother
Battered or abused spouse or child

Noorah101

The USC sister can file an I-130 for her alien sister. It takes about 10+ years for a visa number to become current for her. During this time, if she stays in the USA, she will not have permission to live or work here legally. If she leaves the USA, she will have a ban from returning to the USA, but it will take that long for her to be able to return with an immigrant visa anyway....

The best thing to do is to speak with an immigration attorney.

Rene

scrubbedexpat099

On the basis of what you said so far she will need to return to her home country for the interview, she will have a 10 year bar on re-entry.

fatbrit

In that case, she has big problems. She cannot adjust status through such sponsorship, but she can leave the US and obtain an immigrant visa. However, as soon as she leaves, she will receive an automatic 10-year ban on reentry and will therefore not be able to use said visa. She's stuck between a rock and a very hard place.

mei-li

Thank you so much, I appreciate every input from everyone of you.
This is my latest findings. I got into the US immigration website and check the status of her application.
Her application is approved and the next step is to wait for the visa no.
Found out that those that applied for green card from 1997 is just now getting their visa no.
Her application was submitted in early March 2001, that means she has at least about 4 years to wait. Her next step is probably an Immigration lawyer to see what is her best next step. Her passport was expired May 2002.
I don't know what is the consequences of that.
Today we will get all her original paperwork. Will keep you all posted.
Again, I deeply appreciate all your input.

ian-mstm

Good luck. This may be an impossible situation though. She must be in her home country for the visa interview, but she will be banned from entering the US for 10 years if she leaves... and a ban takes priority over a visa.

Ian

fatbrit

The 10-year ban will nullify her visa application. When she goes to the consulate for the interview, they will stamp her passport with the ban and that's the end of the petition. So I'm afraid the 'wait' will probably be a lot longer than 4 years.

There is no consequence to the expired passport with US immigration.

Beyond marriage to a USC, an asylum claim or a legislative amnesty being passed, I don't see much hope for her regularizing her status, I'm afraid. But I ain't a lawyer!

scrubbedexpat099

When did you have to have your application in to qualify for the last amnesty?

scrubbedexpat099

Just checked the date for 245i, she filed before the time limit so she should be able to adjust in the US.

fatbrit

???

She was filing through her sister.

***

Having had a read -- maybe you're right.