Q: My mom is a green card holder and I'm 22 years old. What's the solution for me? My visa is expired and I live in the U.S
Hello, I have a situation and I don't know what the best thing to do. I'm a daughter (more than 21 years old) of a green card holder. My mom got her green card about 5 months ago. I'm here with my visa expired. I don't want to go back to my home country and the lawyer that is helping us said that it's best if I don't go back. So, he said that I need to wait for my mom to become a U.S. citizen for her to apply for my green card. And that it would take about 5 years. I don't know what the best solution is, because I saw that my mom can apply for me even as a green card holder. So, should I start applying or should I wait until she becomes a citizen? And being here with my visa expired is going to delay my process? If I go back and be deported, is that going to ruin my chances to become a permanent resident?
A: First, what date is listed on your I-94? That is what controls unlawful presence not the expiration date on your visa. Second, how much unlawful presence do you have? If less than a few months, you can retain us to file a change of status. Third, if you unlawful presence, even if your mom naturalizes, since you are over 21, you will not be an "immediate relative." This means that any unlawful presence will require a waiver to be approved before you obtain your green card. Every day that passes is another day of unlawful presence that accrues; you really need to contact an immigration attorney.
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