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

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption