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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11163
Experience:  Write FOR JAMES to get my help!
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Hi I am permanent resident, and will be eligible to apply for

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Hi I am permanent resident, and will be eligible to apply for citizen in January 14 2014. My mom is here in B1/B2 visa. We extend her stay for 6 more months, so she will be legally stay here till February 7th, 2014. But I want to file her and want to stay here for few years with me. If she stay here out of status for 3/4 months, and I will apply for her after that, do you think it is effect her green card. Do you see any better solution in this case.
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

Once you are a US citizen, she will be eligible to become a permanent resident through adjustment of status. Even if she came and overstayed her visa. She will be considered a immediate relative of a US citizen, and as such, any time that she has spent in the US but out of status should be excused upon the filing of the adjustment application (I-485)

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Customer: replied 3 years ago.

So even if she overstay in the USA, she will still be eligible to get permanent resident? As you said, the out of status should be excused. But if not, she will not get PR, and never can come back to meet us, once she left USA, is that correct. If yes, could you please suggest, how can we overcome from this?

Hi Kalpana,

 

If she is asked to leave the US, and she has overstayed for only 3 or 4 months, she is not subject to a ban for unlawful presence. But if she is in the US for 6 months or more illegally, then she is subject to a 3 year ban. If she is in the US unlawfully for 1 year or more, she is subject to a 10 year ban.

 

The only way to overcome this ban is to get approval of the I-601 Waiver of Ground of Inadmissibility. This can only be approved if she can show that a US citizen or permanent resident would suffer extreme hardship if she is not allowed to re-enter the US.This rarely happens in the case of an immediate relative of a US citizen who is 21 years of age or older.

 

Here is information about this: http://www.scottimmigration.net/content/i601memo.

 

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!

Customer: replied 3 years ago.

If I wii be applying citizenship in January, it should not take that much long, so as soon as I get citizen I will definitely applying for her. So I can imagine, she will not be overstay not more than 3 months. If she has medical issue, so that she has to stay here for medical purpose for few months. Do you think it will help for to get excuse for this case?

Yes. I think it can be helpful.

 

But you have to show proof that she was receiving care in order to use that excuse.

 

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!

Customer: replied 3 years ago.

James, if I will have some question regarding to this subject, can I ask with you again tomorrow, but free of cost, if I rate you today

Kalpana,

Yes.
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