Is out-of-status person like this still eligible for GreenCard?

C

csn

Registered Users (C)
I am GC holder since Oct, 2004 and I will apply for citizenship in 2009 given the 5-year residence requirement.

My Mom came in US on B2 visa on Nov, 2005. Her visa is only 6 month and will expire this May. If she does not go back, and overstay here after May and wait for the chance to apply for GC after I become a US citizen, is that possible? Is she still eligible to apply for GreenCard once I become a US citizen some where between 2009-2010 so I can apply GC for her?
 
You should think that your mother will be out of status with no authorization to work or drive or anything for about 3 to 4 years. Plus think about the language or if she need to travel, she will be able to leave the country but then she will be bar for 10 years even if you become USC.

There other issues like health and emergencies in the family that can arise. At the end is you and your mother call, but remember to think from here in 4 years many things can happen including if change in the law and things that can affect your path to the citizenship. I don't want to sound negative, but you must make a balance of the pro and con of the entire situation. Your mother will be with you but in what conditions.

Good luck,
 
I talked to an immigration lawyer 2 months ago

csn said:
I am GC holder since Oct, 2004 and I will apply for citizenship in 2009 given the 5-year residence requirement.

My Mom came in US on B2 visa on Nov, 2005. Her visa is only 6 month and will expire this May. If she does not go back, and overstay here after May and wait for the chance to apply for GC after I become a US citizen, is that possible? Is she still eligible to apply for GreenCard once I become a US citizen some where between 2009-2010 so I can apply GC for her?
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He told me that immigration law is getting more strict, not lenient. The best thing for you to do is don't let your mom overstay, either get an extension so that she does not fall out of status, or just tell her to go back home, and then get a visa again and come back if she really wants to be in the US. I know it's an expensive option but just play it safe. Extend her visa NOW before it's too late, file for an extension...it may get approved. If not, then just tell her to go home and don't risk it. We don't know what kind of changes the immigration laws will go through during this troubling time. One of my friends was here in the US on tourist visa with her whole family, she filed her extension every six months, after a year and a half she went back home. She was the only one who did this in her family, the rest of her family are here and illegal. She is back home but her visa is good, she can come back anytime, she will not be barred. She did what was right.
 
Exactly, I don't think your mom staying here illegally is just a hot idea. Just get her a ticked and send her home, then she can come to visit you anytime while her visa hasn't expired. It would be terrible for your mom to stay here for so many years PLUS however long the AOS process will take after you become a USC.
 
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