I130 and I485 for overstayed parents, need attorney?

[csn]

I became a US citizen recently based on 5 year GC. I like to apply GC for my mom she came to US on B2 visitor visa in May 2006, and never left US since then. But she has been out of status since May 2007.

Two questions here:
1) Since she overstayed, should I file I-130 for her first, and then file I-485 after I130 approval? Is it safe to do a concurrent filing for both I-130 and I-485?

2) Do I have to hire an attorney for this? Can I do these by myself to save some money? The only complication is that she overstayed, but I know that is okay for immediate relatives. Can someone point me to some information for filing GC for overstayed parents?

Thanks, your input is very much appreciated.

Mike

 

[TheRealCanadian]

1) Since she overstayed, should I file I-130 for her first, and then file I-485 after I130 approval? Is it safe to do a concurrent filing for both I-130 and I-485?

Of course it's safe, and waiting to file the I-485 wouldn't be any "safer". If anything, it's more dangerous since the I-130 application tells USCIS she is illegally here, but does not give her any legal status. Only the I-485 does that.

The only complication is that she overstayed, but I know that is okay for immediate relatives. Can someone point me to some information for filing GC for overstayed parents?

No attorney required. Just file the I-130 and I-485. Make sure you do NOT file an I-131, and she does NOT leave the US until the GC is approved.

 

[csn]

Many Thanks, TheRealCanadian, all good information.

To applying for GC for overstayed parents based on my US citizenship, they will have to pay a fine as penalty, right?

Can someone give more info on that aspect? Is this the form "Supplement A to Form I-485" with $1,000 fine?

 

[TheRealCanadian]

To applying for GC for overstayed parents based on my US citizenship, they will have to pay a fine as penalty, right?

No.

Can someone give more info on that aspect? Is this the form "Supplement A to Form I-485" with $1,000 fine?

No. That is for 245i relief, which they do not qualify for. As Immediate Relatives they can adjust without penalty.