Can a mother(green card holder) apply an I-130 for her son(over 21 years old) who has overstayed his non-immigrant visa? Let say the I-130 gets approved and the priority dates for his visa category become current, is there a risk of him getting deported when he tries to adjust his status?
The fact that the son is out of status does not prevent the mother from filing a petition for him. However, unless the child is maintaining lawful status or eligible for benefits under Section 245(i) of the Immigration and Nationality Act, he will be ineligible for adjustment of status when his priority date becomes current.
Consult with an experienced immigration attorney who can review the facts of the case and recommend how best to proceed.
Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
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