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Can I claim my mom to come to the US? She overstayed her multiple entry visa. She (my mom) went back to our country 6 years ago.

Chicago, IL |

Can I petition her? If so, what forms do I need?

Thank you for your advice!!!

Attorney Answers 5


If you are a U.S. Citizen age 21 or older, you could file a petition to begin the process for your mom to come to the United States as a permanent resident.

It is not clear whether your mom would be eligible to obtain permanent resident status, based on the information you provided. We would need to know other information, such as, how long did she overstay her visa, and other issues regarding her past.

You should consult with an immigration attorney about the matter.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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If you are a US citizen you can file a green card petition for your mom using Form I-130. She may be subject to a 10-year time bar from entering the US if she overstayed her visa for longer than a year. I'd recommend consulting an immigration attorney to help you. - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.

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I agree. The issue is whether your mom overstayed her I-94 card by more than a year. If so, then she may have to prove that she was outside the U.S. for ten years or more before she can be admitted to the U.S.

I wish you luck. If you have any other questions, then consider contacting one of us.

This is general information, not legal advice, and does not create an attorney client relationship.

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If you are a U.S citizen and you are at least 21 years old, you will be able to file an I-130 petition to bring your mum to the U.S as a permanent resident. She may have a problem, however, if she overstayed her visa by more than 1 year. If that is the case, she would be subject to a 10 year bar.

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I agree with my colleagues here. You need to consult an experienced immigration attorney. At Brandt immigration we have over 10 years experience successfully defending immigrants.

Chad M. Brandt
Brandt Immigration

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