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United States Citizen filling for Mother.

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  • United States Citizen filling for Mother.

    My friend is a United States citizen and need to file for his mother to change her status to green card. . The mother is presently in America. She came to the United States as a visitor many years back. She have her I-94 form. He need help about how to apply. or is there a problem because she over stay?

  • #2
    My friend is a United States citizen and need to file for his mother to change her status to green card. . The mother is presently in America. She came to the United States as a visitor many years back. She have her I-94 form. He need help about how to apply. or is there a problem because she over stay?

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    • #3
      Yes, there will be a problem. Most think that just because you can apply that means it will be approved. You can get denied for fraud in cases like this. Better to go back and reapply from their home country.

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      • #4
        She can adjust her status filing a 485i application

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        • #5
          You can file I-485, most of the time, status is adjusted while in the United States. If she leaves US, she will not get visa from Consulate because already over-stayed.

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          • #6
            I-485 is an application for adjustment of status. It can either be approved or denied. In this case it can be denied for fraud.

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            • #7
              What part of VISITOR did his mother NOT understand????????

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              • #8
                I-485 can be filed based on approved I-130.

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                • #9
                  And be denied for fraud.

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                  • #10
                    i have a question, i brought my son to usa when his I-130 was pending, but we got double nationality so he came with Spain passport, in the airport they gave him three months to stay here but he still here since 2006, after that they approved his I-130 now what I'm trying to do if file the form I-485 but i'm not sure what is his actual status for USCIS?

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                    • #11
                      Your son's status is: ILLEGAL ALIEN - entered with inspection.

                      However, he will NOT be able to remain in America and obtain his green card. He will need to apply from his country of origin.

                      He will be denied because he is an illegal alien.

                      I bet that it all seemed so easy at the time...but, now you will see that you should have followed the rules.

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