Should I let my mother over-stay after visitor visa’s I-94 expires, so I can apply Green Card for her?

My mother is in USA on visitor’s visa. Her return flight is in mid March. I am
GC holder, done with the fingerprints, and waiting for the naturalization
interview. It might take up to 4 months for me to take the oath and apply GC
for my Mother. What option should I take? 1 I let my mother overstay thus
going out of status, wait for my oath, and file her GC? 2 Extend her visitor
visa stay for another 6 months, take my oath, and file her GC? Please help
understand the pros and cons of these approaches and which one is safer?

Asked on January 23, 2017 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

i'd probably just have her stay in the US until you are naturalized and petition for her right after that.  She will be an overstay if her I-94 expires before then but then any period of unlawful presence will be forgiven for immediate relatives of US citizens so if you do not believe there is anything in your record to suggest that you would not be naturalized, that's the path I would probably take.


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