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My mom has been in the US for 2 years now. She came with a tourist visa to see her grand kid (my son), but she overstayed her visa. Now I am a citizen and just had another daughter who is gratefully watched and cared for by my mom. Can I pursue a concurrent i-130 and i-485 application for my mom without running the risk of expulsion? Or should I just submit the I-130 application for ICIS review before attempting the I485?
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You don't have a choice.
She can file I-485 only if she has been in the U.S. lawfully all the time.Immihelp Support
No legal advice. Use at your own risk.
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