Mom on Overstay

[cnfused 0]

There is a person we know who is about to become a citizen, however his mom is here and overstayed her visitor visa. Can the son apply for the Mom while she is here?

Thanks

Edited December 19, 2008 by cnfused

[YuAndDan 153]

Yes

Mother entered the USA legally.

Son (Must be US Citizen and NOT an in-law) can file I-130+I-485 for mother and adjust her status in the USA.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide2

[cnfused 0]

Thank you SO Much he was concerned that he could not petition her. I apprecite the answer

[YuAndDan 153]

Thank you SO Much he was concerned that he could not petition her. I apprecite the answer

Note adjust the guide to fit the directions with form I-130 and I-485 for a parent, VS a spouse.

For a parent, need birth cert showing relationship, parent does not do a G-325A for the I-130, and a few other things. The I-485 is checked "A" based on the attached I-130.

[angel_eyes1976 0]

Yes

Mother entered the USA legally.

Son (Must be US Citizen and NOT an in-law) can file I-130+I-485 for mother and adjust her status in the USA.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide2

so you mean to say that the overstay of the mom is forgiven because her son is a citizen and she entered US legally? no need for a waiver? wow, that's good... i thought the mom who overstayed her visa in the US couldn't adjust her status... that's new info for me and a good one at that...

[Mononoke28 134]

She would be in trouble if she left the country though, but all she has to do is stay in the US and file the forms.

Diana

Edited December 19, 2008 by Mononoke28