Mother's petition

[simpdavi 0]

My sister is a US citizen and is wanting to petition my mother for a Green card.

My mother overstayed her B2 visa 30 years ago and was told to leave the US. Will this affect the new petition?

[Alaska2012 462]

Most likely yes. What kind of ban did she get?

[simpdavi 0]

She wasn't actually given a ban.

During the 80s she was living in the US and wanted to adjust her status from B2 to Green Card and attended an interview. At that point the immigration official discovered that her B2 visa had not expired so she was given 30 days to leave to country, which she did.

She has since returned to the US many times on both a visa waiver and ESTA but during a visit a few years ago, the issue resurfaced and she was told that because she had overstayed in the 80s she needed to get another B2, which she did.

She's 75 now and as it was so long ago I am hoping that it won't affect another Green Card petition.

Thanks.

[kausar 26]

Bar is not applicable in the cases of overstay prior to 1997. Besides the maximum bar on overstay is ten years. Your mother's case is 30 year old and even she had a bar it is expired long ago, so there wont be any affect as long as you can prove that she left US at that time.

[simpdavi 0]

Thanks for your help.

[Boiler 45,665]

There are all sort of practical issues moving to the US at that age, Health Insurance for most being the first.