Petitioning for mother who overstayed her visitors visa?

E

ejt1990

New Member
Hello everyone, I tried looking through the FAQs before posting but page could not be found. "Page not found"

She came to this country illegally, then left to return to her country. She then came back a second time with a visitors visa. Before her visa expired, she left and came back to the US a couple of times. She never left the country AFTER her visa expired. She's been here since, watching out for my for siblings and myself.

I am twenty-one years of age, born here in the United States. I want to petition for my mother's green card. My question is: Is it possible to do it considering her overstay here in the US, and if so, how do I go about it?
And another thing, I would want to complete the process without her having to leave the country. Is that possible? I believe her employer petitioned for her back in the early 2000s, but never continued the process.

I appreciate any input you may have.

Thank you,
Eric T.
 
Yes, IF her last entry was on a valid visa and she got an I-94 (which has now expired) AND she will be petitioned as an Immediate Relative of a USC, THEN her overstay and her (presumably) unauthorized work will be forgiven.


You file a concurrent I-130 with her I-485 and I-756 (forget the I-131--she can't leave until she gets a greencard UNLESS she has overstayed LESS than 6 months).
 
This gives me hope. Thank you for the quick response. I will look into these forms.
Since she had the visitors visa, and she didn't necessarily come here to visit every time, instead came to live here, would that be an issue at all? Or when you say visa, you're talking about any visa so long as it's valid?
Thank you again for the response, Joe.
 
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