QUESTION
my mom overstayed the last time, she has a multiple entry will she be allowed to visit the country? Will she encounter problems at the airport
Asked on Jan 10th, 2012 on Immigration - Maryland
More details to this question:
when she arrives in the US? Can I apply for green card for my mom who overstay the last time, will there be issues related to the overstay during the process of green card application.
1 ANSWER
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How long did she overstay the last time? If she overstayed more than 180 days, she is barred from re-entry for 3 years. If she overstayed less than 180 days, she could still encounter problems by CBP officers at the airport. Admission by CBP is discretionary. If she encounters difficulties, she could tell the CBP officer that she wishes to withdraw her application for admission. As for the question relating to applying for adjustment of status, she must first be admitted. If she is concerned with being admitted as a visitor, you might want to consider filing for her (if you are a US Citizen) and have her apply for her immigrant visa overseas.
Answered on Jan 10th, 2012 at 2:50 PM