GC for my mother, legal entry with a visitor visa, but overstay in the U.S. for 12+yr

[helloimm]

My mother came to the States in 1999 with a visitor visa and did not go back to Korea and ended up staying in the States until now. I am a U.S. green card holder and will become a U.S. citizen next year and plan to expedite the family-based green card process for her. I have the following questions.

1. Can my mother receive a green card with a legal entry, but illegal overstay in the U.S.? If she can't, what should I do?
2. Should I file her green card document when I submit a U.S. citizenship application?
3. How long would it take for my mother to receive a green card?

I would greatly appreciate if you can answer aforementioned questions. Thank you

[MaryH]

When you become a Naturalized Citizen, you can file for your mother. All being well, it would take approximately, six months to a year, for your mom to get her green card. In the interim, read up on all the forms' instructions and have documents ready, for when that time comes.

[MaryH]

You cannot submit your mom's application you being a Resident or at same time you submit yoyrs. You would have to become a Naturalized Citizen first, before you submit your mom's application. Good luck.

[Zain.aziz]

But illegal

Hi MaryH,

Your advice seems fruitful but what about if mother is already illegal in the US ? Is he/she can apply while keeping mother in the US or she is required to leave US fro GC processing.

It is important to know please.

Zain

[MaryH]

Zain, I have already answered u. You CAN apply for your mom, AFTER, u have obtained your Citizenship.

- - - Updated - - -

Yes, and while she is in the USA. U will file I-130, and adjustment of status and affidavit of support.

- - - Updated - - -

Yes, and while she is in the USA. U will file I-130, and adjustment of status and affidavit of support.