Impact of Past Overstay on an I-130

My mom as a permanent resident filed a i130 back in february of 2009 for my sister and was approved a got a receipt letter a few months later. My sister was already 21 at the time of the filing date.

A few issues though

My sister had actually come in 2008 on a tourist visa and actually given birth to a son here. Afterward she went back to our country for a few months but due to problems with the boy's father during the pregnancy (reason she came while pregnant originally) she came back. She overstayed her visa and it was at that point that my mom filed a i130

Our mother recently became a us citizen to 2 questions. 1) can we get her petition upgraded by filing a new i130 and sending the information of her old petition and 2) can she apply for a hardship waiver to forgive her overstay (we know it will be hard) or is there any other way to explain she forgive the fact she stayed here with her kid?

Her petition can be upgraded as long as she did not marry in the time between the original filing and now.

You need the assistance of an attorney specializing in hardship waivers. At this time she has a 10 year ban due to her overstay. He child can do nothing for her until he/she is 21. The forum at immigrate2us.net is a better forum for her situation. Simply remaining int he US to be with her child is not enough since her child was free to leave the country to live with her in any country that would permit it.

Did she leave after she overstayed the visa, or leave, comeback, then overstay a visa?

She might not have a 10-year bar yet (not until she leaves the country) but she might have some options available to her. Do as suggested and contact an immigration attorney.

She left, came back and then overstayed her visa so we do not think the 10 yr ban has kicked in yet. She hasnt left since overstaying and has not not married. She is living here as a single mom. We know the waiver situation is delicate, thank you for your help and suggestions.