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Complicated Situation I need to help my Sister!!!

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  • Complicated Situation I need to help my Sister!!!

    I need your help guys to help my sister, here is her story.

    She came in the U.S. with a different name. Now she uses her real name. She's been living in the U.S. illegally for almost 25 years. She has a daughter which is a U.S citizen,
    the daughter is soon to reach her 21. Can the daughter petition her so she can stay in the U.S. permanently? Please if you know someone who can help her. Please let me know.
    Thank you guys.

  • #2
    someone find an answer please.

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    • #3
      Yes her daughter can file for her GC. For your sister's category, her present status does not matter. All that matters is she should have entered with inspection. As long as that is true, it does not matter whether she is here illegally now or not, and for how long she has been doing it. If your sister entered with inspection (i.e., legally) then it is straight forward, or else it is slightly different process i.e., there are a few additional steps.
      Just an opinion; Not legal advice.

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      • #4
        there is a couple of issues. how does she prove that she came here legally if she didn't use her real name? she can't because she didn't.
        If she can get over that obstacle does her daughter make make enough to meet the sponsorship requirements?
        This is my opinion not legal advice.

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        • #5
          Originally posted by dehadista View Post
          I need your help guys to help my sister, here is her story.

          She came in the U.S. with a different name. Now she uses her real name. She's been living in the U.S. illegally for almost 25 years. She has a daughter which is a U.S citizen,
          the daughter is soon to reach her 21. Can the daughter petition her so she can stay in the U.S. permanently? Please if you know someone who can help her. Please let me know.
          Thank you guys.
          When you said "She came in the U.S. with a different name", do you mean she entered with **** documents or someone else's documents? If so, assuming she didn't enter on US citizen documents, she is eligible for Adjustment of Status in the US (if she can prove that's how she entered), but she will need to get a waiver for fraud or material representation as part of her AOS. To qualify for an immigrant waiver for this ban, she will need to show that her US citizen or permanent resident spouse or parent will suffer "extreme hardship" if she can't be in the US. Does she have such a spouse or parent?

          This is my personal opinion and is not to be construed as legal advice.

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          • #6
            Complicated Situation I need to help my Sister!!!

            She would have to file form I-601, application for waiver of grounds of excludability. If she is married to a US citizen or Perm Resident she will have to prove that a denial of her application with cause her spouse extreme hardship because this doesn't apply to her US citizen child. They may also find her case favorable if she can prove that her health, safety is at risk if she is sent back to her home country.




            Not legal advice.

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