Can my mother apply for Green Card now? What are the possibilities of granting Green card?

Asked 11 months ago - San Jose, CA

I am Permanent Resident, before I applied for citizenship my mother came on visitor visa. We applied for visitor visa extension for her and she overstayed for 3 full months. she did not get extension approval.

when she was here i have applied Citizenship for me and looks like it takes time for me to get citizenship, in this case if my mother leaves USA I heard that her visa will be cancelled. In this situation can she get Green card for her without any problems once i get citizenship?

Attorney answers (4)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . If she overstayed over 180 days, she will be subject to a bar of 3 to 10 years from returning to the U.S.
    Please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . Hire an attorney to assist you in your mother's immigration matter.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  3. Tripti Sharad Sharma


    Contributor Level 19


    Lawyers agree

    Answered . If she collected unlawful presence of 6 months and over, they will be subject to bars. It is best to have her file reviewed by an immigration attorney before you take any steps towards filing any petition and absolutely before she decides to leave the U.S.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  4. Ripal Patel

    Contributor Level 12


    Lawyer agrees

    Answered . Your best course of action is to Hire an Immigration Attorney to assist you in this matter. From reading your other question, it appears that she has already left United States.

    Ripal Patel, Esq.
    San Jose, Ca

    Your particular situation may be different. This answer is intended for information purposes only. No Attorney-... more

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