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  1. #1

    Smile apply for I 485 with expired I94 and visa

    :) I am a citizen by naturalitation, my question is: can I fill the forms I 130 and I 485 for my Mother?. She had been in USA for 12 years. She came with turits visa but it is all ready expired. Also I need to fill the form I 864?. What else I need?

    Thank you.
    Pacho :)
    Last edited by pachito; 03-15-2010 at 11:25 PM.

  2. #2


    1. She can't really file I-485 in the US. She will have to go back to her country to get immigrant visa. However, once she will leaves, she will face 10 year bar on reentry.

    2. Yes, you need I-864 also. Read http://www.immihelp.com/greencard/fa...edimmigration/
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  3. #3

    Default Does she need also the form G 325?

    Does she need also the form G 325?

  4. #4
    Join Date
    Mar 2012

    Wink AOS for mother.

    Yes if she came into the US legally, i.e. was inspected and admitted, which according to your post it seems so (B1/B2 visa) then yes she can adjust her status here in the US even if she overstayed her Visitors Visa as she is the Parent of a US citizen. The overstay and unlawful presence can be waived for Spouses, Parents and Minor Children of US citizens and the derivatives can immediately do an AOS while being in the USA. She should not leave the country as she would be subject to a 10 yr reentry bar. Yes please file AOS for your mother as soon as possible. May god bless you.

    "A waiver of inadmissibility for overstaying is not required for individuals who are immediate relatives. Immediate relatives are the parents, minor children or spouses of adult US citizens. These individuals, however, must have entered the US lawfully."

    yes she also needs G-325A.... all information you can find on immihelp.com
    Last edited by ravi_niu; 03-16-2010 at 04:00 PM.
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