Green Card and overstaying in the past

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kabeza

Registered Users (C)
If you have overstayed your legal stay by six months five years ago, would that jeopardize your chances of getting a GC trough relatives (daughter is a citizen)?
What if you have overstayed your stay but your husband has not? Would you be denied or both of you and can something be done about it?
Thanks
 
your overstay would be forgiven if a USC applies for your petition .

Generally you are not pernited to adjust status while in violation of status , if a GC holder applies for your I-130 you would need to be qualify for 245(i) in order to adjust status while in the United States , If a USC filed for your I-130 your overstayed status would be forgiven and you would be allowed to adjust status while in the US.
 
So do you mean that if the relative applying on your behalf is citizen, you will be forgiven but if only a GC holder, then it will be harder?
 
yes it is always harder for GC holders

The GC holder relatives are the one that are suffering of bad immigrations policies ... USC always smooth in the process . I had my friend mother who overstayed 10 years of a stayed status and her daughter apply for her greencard after turning a USC back in 2004 and i can tell you they never mentioned her overstayed status , she now approved and her greencard would be received in the mail , she never went to any interview .
 
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kabeza said:
So do you mean that if the relative applying on your behalf is citizen, you will be forgiven but if only a GC holder, then it will be harder?
Click to expand...

You will be forgiven if you are the IMMEDIATE RELATIVE of a citizen (ie. spouse or parent).
 
Check the part at the USCIS website about "How I bring my parents to the US"

http://uscis.gov/graphics/howdoi/parents.htm

If I am not wrong, the I-485 under 245(i) was for certain cases (illegaly entry, other stuff) and was valid until April 30, 2001. Doesn't apply if you are a parent or spouse (including widow) of a USC.

If you still have questions call the USCIS National Customer Service.
 
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