Staying out of status affects future GC application?

I

Immi2001

Registered Users (C)
My mom is now in the US as a visitor. I plan to have her stay here till I can apply for her green card in 2006. She will be out of status for about 2 years at that time. How much a negative impact would it be for applying for GC? Is it still possible to get her the green card?

Thanks

immi2001
 
Your plan will most likely not work.

She would have to travel to her home country to finish the processing. That still wouldn't solve the problem because by overstaying for 2 years she would be barred from entering the US for 10 years.
There are certain exceptions for spouses of US Citizen and in theory, it is possible to obtain a waiver but that's soooo impossible to get I'd forget about it.
 
ditto here

assuming you are a citizen yourself

just have her go back and 6 months later return

but be careful when you do this.

as this link illustrates

http://www.philippinenews.com/news/view_article.html?article_id=b997749fe848f6e1e0853e632809e001

now would be the time to gather all the documents you will need.

you may need to go there a couple of times and bring back some of her possessions yourself.

Then when you are ready to file have her come one last time and as soon as she gets out of the airport file that applicaiton.

but please don't have her overstay her visa.
 
Filing for GC in US after out of status for 2 years as visitor?

Thanks for the responses. Since the visitor visa can allow my mom to stay up to 1 1/2 years in the US, if she keeps staying here till the time I can file I-130 for her, would that have a lot negative impact to her GC application?

By doing this, she will be out of status for about 2 years in the US by the time I'm eligible for filing for her.

Thanks

immi2001
 
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