More details to this question:
My sister and mother entered America on esta with British passport. They both over stayed their stay, my sister was minor at the time. For several years they entered America on esta until their esta was cancelled because us immigration found out the fact of their overstayed years ago. My sister now wants to marry an American citizen who is traveling to U.K. To marry her and they want to apply for green card for her. My mother wants to enter America as well through her other 3 children wh are us citizen. What's the likely hood of both to succeed ?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
The likelihood that both will succeed is good so long as the marriage is bona fide. Having the ESTA canceled for an overstay may affect the individual's ability to return to the US under ESTA or a nonimmigrant visa, but it should have no effect upon an immigrant visa petition based upon marriage or through a US citizen child so long as no misrepresentation was made at the time of ESTA entry. 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 Oct 08th, 2017 at 5:53 PM