Overstay question regarding mother in law

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black2belt

Registered Users (C)
My mother-in-law overstayed her visitor visa just short of 180 days. She is going home in two weeks. She doesn't speak English and did not realize that she needed to leave within six months.
My questions is, when she goes back home can we apply for a green card for her with CP processing? I am a US citizen and my husband became a US Citizen in July of this year.
What will they do when she leaves the US? Will they take her visitor visa from her?
Thank you for your help!
 
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black2belt said:
My mother-in-law overstayed her visitor visa just short of 180 days.
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How many days will it be by the time she leaves? If it's 180 days, the 3-year bar kicks in.

My questions is, when she goes back home can we apply for a green card for her with CP processing? I am a US citizen and my husband became a US Citizen in July of this year.
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If she's not subject to the 3-year bar, then yes. But if she's leaving because she's homesick, why would she want to stay here permanently?

What will they do when she leaves the US? Will they take her visitor visa from her?
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The visa was automatically canceled the instant her overstay started.
 
Are you sure it is short of 180 days? (180 days is a little less than 6 months)

If she leaves and her overstay was 180 or more she will be banned from entry for 3 yrs. I'm not sure if that ban precludes CP (I'd think it would).

Will they take her visitor visa from her?
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They won't rip the visa out her passport if that's what you mean. Since it is not valid anymore, technically there is nothing to take (its just a useless peace of paper right now).

They will take her I-94.

Why would you want to get her a GC anyway when she clearly doesn't want to be here?

edit: too slow... ;)
 
Thank you for her help. She will be leaving at 176 days on her overstay. She wants to come here to live with our children but needs to go home and tie up loose ends, i.e. her home. She also has not seen her husband in close to one year. We would be doing green card processing for both her and her husband to return here to live. 2 or her 3 children live in the US and both of her grandchildren live here. The only person in her home country is her husband. I can understand why she would miss him.

Should I send the I-130 the day after she leaves the US or wait until the day she arrives in home country? After they receive the I-130 do they mail her something in home country or to us (sponsor) in the US?
 
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