QUESTION
Can I file for my mom who has overstayed her visitor visa?
Asked on Apr 26th, 2017 on Immigration - Georgia
More details to this question:
I am about to become US citizen (waiting for oath). My mother entered US on visitor visa and her stay expired in February 2017. Can I still file for her once I become citizen and do adjustment of status? What are some of the complications one can run into? The reason why she over stayed is because my N400 ran into FBI name check issue which took over 18 months to clear. I couldn’t request for an extension because her password was expiring in March 2017.
1 ANSWER
Generally a person who is a U.S. citizen (whether by birth or through naturalization) and who is age 21 or older, may sponsor a parent for immigration in the Immediate Relative visa category. This is true even if the parent entered the U.S. lawfully and with inspection (such as with a visitor's visa) and then overstayed that visa. Note that your mother would not have been eligible to extend her visitor's visa if it was her intention to become sponsored by you for adjustment of status so that she could remain in the U.S. permanently. Of course, there are many other details that determine eligibility for your mother. It would be wise for you and your mother to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Jul 24th, 2017 at 4:42 AM