Please help me make a little sense of this. I-130 for my mom

[Lucy00828]

My mom is Venezuelan she lived here (overstayed her visa for 7yrs) Then went back to Venezuela and eventually moved to Spain. She is now a Spanish citizen.

I am a US citizen and want to request an Immigrant Visa (goal being getting a GC) while she lives in Spain. Which would be i-130.

1. Will the fact that she was here Illegally (overstayed) affect the process? TY

[rayb]

It depends on how much time since she left the U.S. If 10 year or more, she might be okay. If less, since she left the U.S., you may have to apply for a waiver to overcome any additional time left on a bar from reentry.

You can process up to her interview, then if the waiver request is needed, she will be told at or after her interview.

--Ray B

My mom is Venezuelan she lived here (overstayed her visa for 7yrs) Then went back to Venezuela and eventually moved to Spain. She is now a Spanish citizen.

I am a US citizen and want to request an Immigrant Visa (goal being getting a GC) while she lives in Spain. Which would be i-130.

1. Will the fact that she was here Illegally (overstayed) affect the process? TY

[Lucy00828]

It depends on how much time since she left the U.S. If 10 year or more, she might be okay. If less, since she left the U.S., you may have to apply for a waiver to overcome any additional time left on a bar from reentry.

You can process up to her interview, then if the waiver request is needed, she will be told at or after her interview.

--Ray B

Its definitely been over 10 years since she lived here. However, she eventually became a Spanish citizen and came back 7 years later to visit me. Will that be frowned upon?

[rayb]

No, mom's visit back to see you shouldn't be an issue at all.

Her overstay for 7 years shouldn't cause a problem, because she has stayed outside the country beyond the penalty for a reentry.

If she managed to get a visitor visa to return to the U.S., if you are a U.S. citizen, you can convert her status, once she is in the U.S. on a valid visa, without her having to return to Spain to be processed.

--Ray B

Its definitely been over 10 years since she lived here. However, she eventually became a Spanish citizen and came back 7 years later to visit me. Will that be frowned upon?

[newacct]

Its definitely been over 10 years since she lived here. However, she eventually became a Spanish citizen and came back 7 years later to visit me. Will that be frowned upon?

Her later visit does not, in itself, affect her ability to immigrate now.

However, her visit brings up the question of whether she lied on her ESTA application or at entry. If she was asked whether she has past overstays, or about how long she stayed on her last stay, either on the ESTA application form (the questions have changed over time so I don't know whether the question about past overstays was on there when she filled it) or by the immigration officer at entry, she must have been truthful about it, or she would have a fraud or misrepresentation ban. (And if she had been truthful about her overstay, and this was only 7 years after she left the US, she would have been denied entry.)

[rayb]

The OP's mom had been out of the U.S. for at least 10 years since over prior overstay.

--Ray B

Her later visit does not, in itself, affect her ability to immigrate now.

However, her visit brings up the question of whether she lied on her ESTA application or at entry. If she was asked whether she has past overstays, or about how long she stayed on her last stay, either on the ESTA application form (the questions have changed over time so I don't know whether the question about past overstays was on there when she filled it) or by the immigration officer at entry, she must have been truthful about it, or she would have a fraud or misrepresentation ban. (And if she had been truthful about her overstay, and this was only 7 years after she left the US, she would have been denied entry.)