Legal Question in Immigration Law in California

Hello,

I am a naturalized US citizen. My concern is filed petition for my mom. The problem is my mom has been in the United States with R1 (religious visa -obtained thru her husband/my step father).

I have two questions:

1. Is it anyway possible to process her adjustment of status without her having to leave the country?

2. If she leaves the country will the fact that she has been an overstayed visitor affect the processing of her visa?

Thanks for your response.


Asked on 1/27/13, 9:57 pm

2 Answers from Attorneys
Bill Klein Law Office of Bill Travis Klein

If your mother entered the U.S. legally and has no other immigration problems, you can file all the paperwork together at the same time here. She does not have to leave the country.

As you mother, she is an immediate relative which means her being out of status or working without authorization are waived. This as long as she entered the U.S. legally.

The situation may be different based on the detailed facts of your case. Please see an Immigration Attorney before acting and bring all you mother's documents and other related paperwork to the consultation.

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Answered on 1/28/13, 7:35 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

Just to expand upon what Attorney Klein has already stated, regarding your 2nd question, if you mother has overstayed her visa 181-364 days & then departs the United States, she would be barred from re-entering for 3 yrs. If she has overstayed 365 days or more, she would be barred for 10 yrs.

Thus, it's best to apply for her AOS in the U.S., as long as she had a legal entry, which I assume she did.

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Answered on 1/29/13, 11:09 am


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