Q: This is a question regarding an adult child sponsoring his mother who was brought to this country illegally as a child.
My mother entered the US illegally as a child some 50 years ago. She grew up, got married to a US citizen (now divorced) had two children and has been gainfully employed her entire adult life (abeit with a false SSN that her father obtained for her years ago). As an adult US citizen, can I now sponsor my own mother for legal residency/citizenship? Also, as I mentioned, she has been employed full time with the same employer her entire adult life; paying and filing taxes, as well as paying into Social Security. Notwithstanding a change in her immigration status, as she has been using a false SSN all these years, will she be able to collect social security benefits?
A:
As an adult U.S. citizen son or daughter, you can file a relative petition, FORM I-130, on behalf of your parent. Whether your mother can also file the FORM I-485 to adjust status with USCIS depends on if she entered the U.S. lawfully or if she can claim benefits pursuant to 245i.
If adjustment of status is not possible then the case must be routed to the NVC and then to the U.S. consulate. Prior to departing the U.S. to visit the U.S. consulate , your mother must be in possession of an approval of the FORM I-601A which is possible by showing hardship to a qualifying relative (spouse or parent who is a resident or U.S. citizen).
Stephen Arnold Black agrees with this answer
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