Apply i-130/I-485 or NOT apply for Mom

[dynamoclub11]

My mom has been in the US for 2 years now. She came with a tourist visa to see her grand kid (my son), but she overstayed her visa. Now I am a citizen and just had another daughter who is gratefully watched and cared for by my mom. Can I pursue a concurrent i-130 and i-485 application for my mom without running the risk of expulsion? Or should I just submit the I-130 application for ICIS review before attempting the I485?

[hotelier73]

Most probably

It is very likely that USCIS will deny her AOS due to the mere fact that she overstayed. She will have to do CP but staying this long without authorization will trigger re-entry bar of upto 10 yrs. To remove the bar, a waiver would have to be filed which is very difficult to get. And please be advised that I am not an attorney.