Pls Advice on Filling for Mom who Overstayed Visa

[miloukamis]

Pls i am a citizen and i want to file for my Mom who lives here in the USA but overstayed her visa for 6 yrs. In her first year of entry, she was given temporal Job Authorization Permit Under LULAC/ Newman class action file. She personally withdrew her Lulac/ Newman Filling Application because she saw some lies that goes with it. However she had SSN and Alien number and worked, but her temporal job permit expired after the first one year and had since been Self employed and yet had paid and filed tax up to date.

Will my Mom be approved for Adjustment of Status if i file for her as i am a citizen?

[osweiti50]

Since she is in the US right now I think you need to file I-130 & I-485 simultaneously first. Secondly it would be much better if you ask an immigration attorney about this case, some don't charge for short questions like this. However If I were in your place I would give this case to an attorney, he/she may charge you like $1500 to $2000 for the whole work but they will save you a lot of headache. Good luck

[daru786]

Pls i am a citizen and i want to file for my Mom who lives here in the USA but overstayed her visa for 6 yrs. In her first year of entry, she was given temporal Job Authorization Permit Under LULAC/ Newman class action file. She personally withdrew her Lulac/ Newman Filling Application because she saw some lies that goes with it. However she had SSN and Alien number and worked, but her temporal job permit expired after the first one year and had since been Self employed and yet had paid and filed tax up to date.

Will my Mom be approved for Adjustment of Status if i file for her as i am a citizen?

Consult with an attorney before you file as you may be wasting your money. Unfortunately you mother may NOT be able to adjust her status since she has NO status. She is looking at a ban of ten years. With recent changes in the law, the ban may NOT happen. I would highly advise you to speak to a few attorneys who offer free consultation.

Good Luck!

[miloukamis]

Thank you all for your advice. I will go ahead.

[osweiti50]

Look I have a cousin who was at then a Green Card holder, his wife came to visit him with B1/B2 visa, she stayed with him and overstayed until he got naturalized. He filed her I-130 and got approved while she was on B1/B2 and after he got naturalized he filed her I-485, her I-485 got approved and then she got her Green Card. All done but thru an immigration attorney. this is a real story. My advise to you is ask an attorney and he will definitely advise you what to do...they know how to handle such cases. Good luck.

[daru786]

Look I have a cousin who was at then a Green Card holder, his wife came to visit him with B1/B2 visa, she stayed with him and overstayed until he got naturalized. He filed her I-130 and got approved while she was on B1/B2 and after he got naturalized he filed her I-485, her I-485 got approved and then she got her Green Card. All done but thru an immigration attorney. this is a real story. My advise to you is ask an attorney and he will definitely advise you what to do...they know how to handle such cases. Good luck.

This works in case of spouses only........

[osweiti50]

Again Mom and Spouse are both immediate relatives...aren't they? So once more I advise you to give your case to an attorney, he will help you. Good Luck.