If a person overstayed a visa, can that person adjust status in the US if her mother (a permanent resident) petitions her?

I-485 Adjustment of Status (Family-Based)

how old the beneficiary is? when the petition was filed? is the mother planing to become USC? If yes, when?

Over 21 years old. The petition was not filed yet. I don't know if the mother plans to become a USC. Does it make a difference? Thanks.

to the best of my knowledge, the person in question (overstay, over 21) can NOT adjust status in the US regardless if he/she is petitoned by a permanent resident or USC.

Thanks. I think that a person that is out of status can adjust status if he/she marries a USC. It might be only applicable in that situation but not when a parent petitions him/her. I am not really sure of that.

You can adjust your status even if you overstayed. But, your going to have a very long wait. And at the moment I would estimate 6- 8 years. The INS here is a joke. What with retrogression, an archaic system, even though it's had more makeovers than than a those makeover television shows. Only way to cut that time is to consider getting married.

quote:

Originally posted by fabu:
Thanks. I think that a person that is out of status can adjust status if he/she marries a USC. It might be only applicable in that situation but not when a parent petitions him/her.

Correct

quote:

If a person overstayed a visa, can that person adjust status in the US if her mother (a permanent resident) petitions her?

Anybody can petition for anyone.

The question is whether or not the petition will be approved.

quote:

Originally posted by dmartmar:

quote:

If a person overstayed a visa, can that person adjust status in the US if her mother (a permanent resident) petitions her?

Anybody can petition for anyone.

The question is whether or not the petition will be approved.

no. they have to remain in legal status.

othewise usc an petition brother. it takes 11 yhears. until thn he can come as a visitor - work as a pizzeria, then get gc.

Doesn't work like that. Only marraige to USC forgives overstay.

You can 'probably' file with bia, courts, etc. and fight with a lawyer to get approved. But do uu want all that costs and headaches and everhything just to 'hope'a judge will agree?

Immigration is a very stressful and time-consuming process. It beats me why so man y people want to make it as hard for them as possible.

Immmigrating is really easy. Especially with lawyers nowadays who can do most of the work for you. Odd but if that's how they wish to do it.

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