QUESTION
What can I do if I overstated on my ESTA (Travel Authorization) but my mother is a US citizen?
Asked on Aug 09th, 2013 on Immigration - Texas
More details to this question:
Will she be able to sponsor me under Family Based Visa without leaving the country? I came here with travel authorization and not with a tourist visa. Also I'm 40 and married.
3 ANSWERS
Since it appears you are out of status due to your overstay and do not qualify under current law as an immediate relative you will have to leave the country and apply for a visa. Once you leave you will have other problems. Consult an Immigration Attorney before acting on this information.
Answered on Aug 12th, 2013 at 7:08 PM
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Your mother can petition for you on form I-130, but you will not be able to adjust your status to that of a lawful permanent resident when your priority date becomes current unless you have been grandfathered under INA 245(i).
Answered on Aug 12th, 2013 at 5:57 PM
No, you wouldn't be able to stay in the country. There is currently at least an 11 year wait for married sons or daughters of U.S. citizens. Depending on when your mother became a U.S. citizen, there may be other possibilities.
Answered on Aug 12th, 2013 at 4:49 PM