My mother visiting us from India. Due to pandamic her stay got extended and will be 1 yr soon.we decided to do green card and applied I-130 online and got receipt. We will file I-485 for concurrent process. Until then will she be legally stay in USA?
The filing of an I-130 does not confer legal status on the beneficiary. That being said, the maintenance of status of the parent of a US citizen is not a major concern as this type of application falls within the immediate relative category under which an overstay is largely ignored. In the past, we have had cases in which the parent overstayed by 20 years, but were still able to adjust status through the application of a USC son or daughter over the age of 21. 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.
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