Legal Question in Immigration Law in Texas

file petition

My mother came in US in B1/B2 multiple visas. Her visa is valid for another 5 years but she supposed to return back in jan, 2008 . She couldn�t travel by herself. So I had her overstayed. I will be eligible to apply for my naturalization in 09/2009. When I became US citizen can I still file a petition for my mother even she overstayed? Thank you for you kind information.


Asked on 4/03/08, 6:03 pm

2 Answers from Attorneys
Carol Saliba Attorney at Law

Re: file petition

Unfortunately she will not be able to adjust her status when it's time for you to file for her. Because she overstayed, she will have to leave the U.S. and apply for admission from home country. The only exception is if she has had a I-130 or labor certification filed for her prior to April 30, 2001. Email me if you want additional info.

Be glad to help if I can.

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Answered on 4/03/08, 7:19 pm
Michael Cho Law Offices of Michael Cho

Re: file petition

Immediate relatives of U.S. citizens who have overstayed a valid visa (i.e. entered legally with inspection) may adjust their status to lawful permanent residence without having to leave the United States.

A parent of an adult U.S. citizen over 21 years of age would qualify as an immediate relative.

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Answered on 4/04/08, 1:52 am


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