I have a friend who wishes to know if he can file successfully for his mother while she is here in the USA. She has over-stayed her B1/B2 visa for approximately 2 weeks as of now, and he has his citizenship interview coming up in August. I have heard that there might me a possibility that his mother be required to collect her visa in her country. If that is so, I would think that she would be penalized for the overstay. She is 80 years old with no other family in her country. Does anyone have any thoughts on this or comments? He does intend to see an immigration attorney next Monday but would like to go armed with all the right questions.

My understanding is that she would need to be in status to adjust.

But the Lawyer will no doubt confirm.

After 6 months she will have a 3 year ban on re-entry

well, parent of USC is considered immediate relative, meaning he/she is eligible to adjust status even if he/she overstayed, worked without authorisation...

But there are other things to consider. Like, how long it takes to have oath ceremony (become USC) after the interview? and all the things that may happen in the meantime...

A USC can file the immediate relative petition for an immediate relative currently in the US along with the LPR application and the immediate relative can get LPR without leaving the US and any unauthorized unemployment and/or overstay will be forgiven upon approval of the LPR.

Thanks all for your responses. My friend spoke to an attorney who basically said the same thing you said - she should be pardoned the overstay (she is considered immediate relative), and she will be leading a quiet life with her son & grandson until it comes time to submit her paperwork. Risky, but she refuses to go back ... what can i say