I-130 application
HI
Can a mother(green card holder) submit I-130 for her son who overstayed his I-94 and he is currently in the US??
Thank you
All depends on unique factors. How old are you and how long have you been living in US unlawfully ?
She can submit a I-130 anytime, whether you will be able to adjust status or not is another story and depends on different factors.
She can submit the I-130 and get it approved regardless of whether her son (you?) is inside or outside the US, legally or illegally.
But the I-130 by itself gives no legal status, and eligibility to file I-485 is another matter. Is her son under 21 and unmarried? When does she expect to become a US citizen?