Petitioning a Parent who is out of status

R

Rachelle

New Member
Hi,
I just have a couple of questions regarding my mother’s status. She came over here last August 2009 as a tourist. Her 6 month stay was supposed to end last Feb 2010. We filed an extension before her stay expired but this was denied. She’s very worried about this since aside from being out of status already, her 10 year multiple visa is also now null and void.

To remedy the situation, I have applied for citizenship two weeks ago and plan on just petitioning her while she is here. To ensure that we are indeed doing the right thing, we are hoping if you can answer the following questions:

1. Can I file a petition for my mother once I get my US citizenship?
2. If I file the petition, can I concurrently file an Adjustment of Status even if she is already out of status? My mother is also worried that her being “out of status” will make ineligible for an adjustment of status.

I am really looking forward to your responses to my questions.

Rachelle
 
I know that an immediate relative of a US Citizen can apply for adjustment of status if they are out-of-status as long as the last entry to the US was done lawfully. However, I don't know how they are going to view it with the denial of the extension and the fact she didn't leave.
 
dhlunar said:
I know that an immediate relative of a US Citizen can apply for adjustment of status if they are out-of-status as long as the last entry to the US was done lawfully. However, I don't know how they are going to view it with the denial of the extension and the fact she didn't leave.
Click to expand...

Won't make a difference.

Does she actually want to reside in the US?
 
sorry to hijack here, but I am in a similar situation. I have applied for extension of stay, and am waiting for the decision. My daughter will be filing N400 for Citizenship in April. It appears that these are being granted in 3 or 4 months in straightforward cases such as hers. So maybe she will become a citizen and be able to sponsor me in July or august

If my extension of stay is denied, how long is it until I would be deported? Is it likely to be before July or August ?
 
Now this got me worried - do they really initiate deportation proceedings for those whose application for extension has been denied? If they do, I hope they won't do it in the next six months or until I have completed my mother's petition and AOS. Keeping my fingers crossed on this.
 
You may be overly optimistic on the timeline. My SIL's case took well over a year. She was married to a US citizen but filed on the 5 year residency requirement since she did not meet the 3 year marriage requirement at the time.
 
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