Overstayed but got GC

[Ayumi]

Dear friends,

Overstayed tourist visa, but got a green card from citizen parents.
Anyone here knows why this can happen? Do they make a mistake ?
Is it safe to renew green card later after it expired ?
Is it safe to apply for citizenship after 5 years ?

Thank you

 

[cafeconleche]

For how long did you overstay?

 

[newacct]

Not enough information. Did they go through Adjustment of Status in the US or Consular Processing outside the US? If Adjustment of Status, it could be the child was under 21 and so would be in the Immediate Relative category, which does not require the person to be in status to file for AOS. (Though it's rare for a minor child of a citizen to visit on tourist visa.)

 

[Ayumi]

Overstayed 7 years until got the GC.
Yes, did Adjustment of status while in US, age over 21.

 

[newacct]

Maybe the child had some petition filed for him/her before 2001, and so can adjust status under INA 245(i).

 

[Ayumi]

Not either , filed after 2001

 

[newacct]

Not either , filed after 2001

This petition could have been filed after 2001, but there could have once been another petition filed before 2001.

 

[newacct]

Also, how much older than 21 are they? If they are a little over 21, it's possible they still counted as under 21 due to CSPA.

 

[Ayumi]

Thanks newacct
But 32 years old at the time filed the petition after 2001.

 

[newacct]

Do you know how this person (is this you? is this your child?) applied for Adjustment of Status? (Why did they think they qualified for Adjustment of Status?) Do you a copy of the forms they filed? What forms were filed? What does it say on the I-485 about the person's status? What classification code does it say on the green card?

Someone who is in a non-Immediate Relative category who is not in status, and is not should be rejected for I-485 immediately. It doesn't seem likely to make a "mistake" on this because it is very obvious. So there must be some special exception that applies or some information is not right.