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Wife About to File N-400 Citizenship + I-130/ I-485 for Her Overstayed Mother

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  • 04-11-2010, 01:14 PM
    victorb153
    Wife About to File N-400 Citizenship + I-130/ I-485 for Her Overstayed Mother
    Married my wife 5 years ago in Costa Rica ... we have a 4 year old son.. moved back to states got wife her permanent residence 3 1/2 years ago..
    I did all the I-864 work etc.. Now she is going to apply N-400 for citizenship
    and she want to file for I-130, I-485 for her mother problem is her mother has been here in the US for 10 years she overstayed a 1 year visa... What to do
    can her mother get deported thru this process ... her mother lives in a different state but only 4 hrs away..

    Everything went thru easy when i did all the paperwork for my wife 3 1/2 years ago and my son has birth abroad ,birth certificate and US passport.
    I am born and bred US citizen
  • 04-13-2010, 06:49 AM
    Mr. Knowitall
    Re: Wife About to File N-400 Citizenship + I-130/ I-485 for Her Overstayed Mother
    As her mother is an immediate relative, she should be able to adjust her status based upon your wife's petition, although I can't promise that her work history won't become an issue if she has been working unlawfully. Also, while the I-485 remains pending, your wife's petition won't give her mother any protection from deportation.

    As her mother is looking at a ten year period of ineligibility if she leaves the U.S., to put it mildly there aren't a lot of good options. If you want to play it as safe as possible, have the full facts reviewed by an immigration lawyer.
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