QUESTION
How can my mom become a legal resident after overstaying her work visa?
Asked on Jun 27th, 2013 on Immigration - New York
More details to this question:
My mother came to this country from the Dominican Republic and overstayed her work visa seven years ago. I am her daughter and a US citizen. Is there any way she can become a legal immigrant. She is worried because she is not able to find a job due to her status thus leading to a struggle with bills.
3 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
If you are anywhere close to the age of 21, your mother can benefit once you turn that age and apply for her permanent residence. She would then be eligible to adjust status to permanent residence without leaving the country as she entered the U. S. on a legal visa. Another option is to wait to see what happens with comprehensive immigration reform which is presently heading into the House of Representatives for an anticipated showdown with the Republican majority. The bill which just passed the Senate, S. 744, would allow most undocumented immigrants like your mother the ability to work and travel under registered provisional immigrant status and eventually a green card in 10 years. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jul 11th, 2013 at 11:29 PM
Immigration Law Attorney serving Lyndhurst, NJ
at
Law Offices of Salvatore A. Falletta, LLC
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If you are over 21 and your mother lawfully entered the US, she is eligible to adjust her status in the US.
She does not need a waiver unless she was previously in the US for more than 6 months or 1 year, then returned to the US.
There are additional factors to consider. I recommend you contact an immigration attorney.
Salvatore A Falletta, Esq.
Sal@USAresident.com
201 438-5625
155 Park Ave, Suite 201C
Lyndhurst NJ 07071
Answered on Jun 28th, 2013 at 10:15 PM
2 Awards
She could apply for a provisional waiver of the overstay bar, but that would require proving extreme hardship to you if she were deported.
Answered on Jun 28th, 2013 at 11:32 AM