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

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?

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Attorney answers 4


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


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

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


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-Client relationship has been established.

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