Solution to possible overstaying

C

cdiaz.yomi

New Member
Hello,

I have my naturalization appointment on October 23, right after I get my citizenship I plan to file a petition for my mother who is currently visiting me here in the states, Her I94 expires on October 24, so unless the oath ceremony is the same day or the day after I can not file the petition before she becomes out-of-status.

My questions are 1) Is it good to send her back to my home country before her I94 expires and tell her to come back and then file the petition? 2) or If she overstays for a couple days until I become a citizen and file her petition is that going to be an issue?

Thanks for your help
 
After having spent nearly 6 months in the US on tourist visa, they probably won't let her reenter with the visa again in the next few months.

After she leaves, she can instead pursue the green card process through a US consulate in her country.
 
cdiaz.yomi said:
Hello,

I have my naturalization appointment on October 23, right after I get my citizenship I plan to file a petition for my mother who is currently visiting me here in the states, Her I94 expires on October 24, so unless the oath ceremony is the same day or the day after I can not file the petition before she becomes out-of-status.

My questions are 1) Is it good to send her back to my home country before her I94 expires and tell her to come back and then file the petition? 2) or If she overstays for a couple days until I become a citizen and file her petition is that going to be an issue?

Thanks for your help
Click to expand...

Do you know that you can extend/renew her visit visa within US? We have done it for our family members.

Whatever you do, do NOT make the mistake of letting her overstay. It will come back to haunt you later when you try to do adjustment of status for her via your petition. My suggestion is
1. Spend some money (for filing) and do her visit visa extension within US if you still have time to get it done before her visa expires.
2. Send her back and once you get your citizenship, bring her back via immigrant visa processing route.
 
You must log in or register to reply here.
Top