Family Based Visa!

Hello,


A friend of mine stayed over on her visa , but her mom is a US citizen! I'm wondering is she qualifies for family based visa even though she overstayed on her ESTA. (Travel Autorization )?


Thanks

If your friend is still under 21 years of age it might be possible.

Being over 21 doesn't disqualify someone. The mother is a U.S. Citizen not a resident.

Yes, she qualifies. The better question is how does she not know she qualifies?

The real question is what country is she from. If she's from Mexico and over 21 is like she doesn't qualify since the wait times are off the charts.

See this:

http://www.travel.state.gov/visa/bul...etin_6028.html

I never mentioned anything about one being not qualified!

It is just that an immediate visa number being available for those under 21.

Excuse me but NO your friend is not qualified as family visa if she ran out her visa while she was in the USA. Now all she can be qualified as family visa if her mom sponsor her from USA so she needs to applied from back home. Once you become out of status no one can sponsor unless Congress pass a laws.

There are many immediate relatives that are exempt and thus can be sponsored and adjust in the USA as overstays.

Thanks yes you are correct. Sorry i forgot last year president directed uscis. Sorry for the confusion.

one does not need to leave to US in ordered to be sponsored by family.

my mother, who is a USC, filed for me back in 2001 and i have not needed to leave the US.

what your friend needs to do is have her mother file the I-130 and the I-485 together for her. depending on her age (hopefully she's under 21) and what country is she from will determine the wait in order for a visa to become available (if she is over 21). her bios will be taken and an interview will be scheduled.

look at this link, from USCIS and see where your friend fits into. also, the fact that she is a visa overstay is better then her just crossing the border.

http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

Hi , I am in the same boat as your friend so I can answer your questions.

I overstayed my tourist visa when I was 15. My mother got the greencard a few years later and sponsored me. Now she's a US Citizen and my application is still pending. However, I haven't had to leave the USA at all.

The thing is , it takes forever. That's what kills me.

My friend is 40 and she married !