Applying for mother

[Mrowka]

What is the name of your state (only U.S. law)? CT

A son of a friend of ours is 17 and has a green card through his father. Two months ago, the boy's mother came to the US on a tourist visa (she's long been divorced from the boy's father) and plans on staying here illegally until her son is 21 and becomes a US citizen and can sponsor her for a green card. The question they have is if the fact that by then she'd be here illegally for close to 5 years have an impact on the petiotion? Will she be able to file for adjustment of status when her son files I-130 for her then?

 

[ImmigAttyLana]

Yes, she will be eligible for adjustment of status once her son becomes a US citizen and attains the age of 21 to petition for her. However, it is critical for her not to get "noticed" by the immigration authorities until that time because until she can apply for her adjustment of status, she will be unlawfully present and subject to removal.

 

[evcalyptos]

What is the name of your state (only U.S. law)? CT

A son of a friend of ours is 17 and has a green card through his father. Two months ago, the boy's mother came to the US on a tourist visa (she's long been divorced from the boy's father) and plans on staying here illegally until her son is 21 and becomes a US citizen and can sponsor her for a green card. The question they have is if the fact that by then she'd be here illegally for close to 5 years have an impact on the petiotion? Will she be able to file for adjustment of status when her son files I-130 for her then?

Seems like most of your 'friends' are up to something dodgy with their immigration stories.
I'm just sayin'.

 

[Mrowka]

Seems like most of your 'friends' are up to something dodgy with their immigration stories.
I'm just sayin'.

Of course she's trying to dodge the system but who else do you have in mind when you say "most of my friends"? I don't even know the woman.I only learned about "the big plan" because the boy asked me this question when he and his father visited us recently. Our friend wasn't too happy when he learned about this either. He's not too eager to have his ex here - he thought he had put an ocean between them and now she's here again - that's what he said. But when he's son an adult and a citizen he can do what he wants, right?