Any problem to apply GC, when visitor overstayed ?

[rajadiraja]

My mother is now in USA, for the third time. We applied for visitor visa extension and it got denied. So now she will be overstaying for about 2 months since the original i-94 stamp and about a month after the actual i-539 denial arrived.

Now I know that the 10 visa stamp on her passport is void and she has overstayed about a month after the actual extension denial arrived. This overstay is to find travel companions and confirmed airtickets etc.

Now my question is .. after I get Citizenship is there any legal or well-known problem, to apply for GC for my mother.

Any help on this issue is appreciated.

 

[mgh2001]

Should be ok once you naturalize. Dont believe prior overstays matter as long as the entry was valid.

However, recommend she leaves the country asap just because the BCIS has explicitly denied the extension. Knowingly let her stay despite the denial may even cause problems with your naturalization ( i.e., moral character issues). Also, as you pointed out, her 10 year visa will probably be cancelled when she leaves and most likely denied entry as a visitor.

 

[rajadiraja]

Thanks for the suggestions.

I am making sure she leaves as soon as possible. Since she needs assistance (not able to speak and read english) it is bit of a challenge to find some travel companion. However I have already found one and travel arrangement is made.

I was not able to find out if there is any kind of grace period at all, from the day the visa extension denial arrives. I did research on the forums and found different kind of graces periods from 10 days to 180 days. I have even called INS and they also could not give me the correct answer. For sure, every one says that coming back with a visitor visa is problematic.