Can a US citizens mother stay on without citizenship?

Question

My friend is on H4 with her husband who has H1.They have started green card processing and both their kids were born here.Age 5 and 5 months.

Now the parents are not getting along well and the husband wants to go back to his own country where he lives with his parents(cultural practice), but the wife wants to stay on in US with the kids as her inlaws ill treat her back home.Doe she have any right to stay on in US because her kids are eligible for citizenship.

Answer 1

Yes but it is complicated.She will have to  file for undue hardship to the children and at the same time file for residence.Its a long process and goes in front of the immigration judge.You need a lawyer for this That is the only way.You can fill out the paperwork and send it in yourself but at the hearing you need a lawyer.So go to the website get the forms,send it in and wait until your hearing .www.uscis.gov

Good Luck

Answer 2

So the H1 husband's employers have started an employment-based immigrant petition for the husband, who works for them.  However, if the husband quits his job and returns home, the green card process stops, since there is no longer a petitionable employer-employee relationship.  The wife loses her H4 status automatically, because H4 is a dependent of an H1, and she will have no grounds to request a green card.

Having a US citizen child is not grounds for an adjustment of status, or any right to stay in the US.  As someone already said, a child cannot petition for a parent until the child turns 21.

So, in answer to your question, No, she cannot stay in the US legally if her husband leaves; she can't request a green card based on her children's citizenship.

PS - there is no such thing as an "undue hardship" petition.

Answer 3

Her kids are already US citizens if they were born in the US. However the parent cannot claim a right to live in the US solely based on the child's US citizenship until the child is 18 years old.

Answer 4

When the child is a citizen, then the parent can apply to become a permanent resident - a green card holder.

So, right now, the grandmother has no standing until her adult child becomes a citizen.

There are lots of lawyers who specialize in this - but you can certainly apply and do it all yourself.

Answer 5

she  has  to  go  back  until  they  are  18  and  then  they  can  bring  them  self's  and  her  back..

Answer 6

no, but you can sponser her to become a citizen

Answer 7

She can petition for adjustment of status but she may want to look at a student visa.  

No, just being the parent of a citizen gives you no status unless the citizen is 21 years old and can petition for you.

Answer 8

if they have already started the process yes she should be just fine here