Immigration Site

Does anybody have any experience with petitioning residence for a relative thats already in the US? This is a person who entered *legally* with a visitors visa, then overstayed (by more than 3 years). She has also been working during that time to support herself. Do we need to file both an I-130 AND an I-485 if shes already here? Also, what potential problems are we facing since she has overstayed her visa and has been working? Thanks!!

Heres an update...I called USCIS to confirm the procedures and forms required for this kind of petition. The representative stated that at this point there is no penalty for the mother having an expired visa (i.e., "out of status"), but my biggest concern is about her working. Does anybody know what the chances are of them denying our petition because she has been working this entire time? Or what penalties they may impose?

Heres an update...I called USCIS to confirm the procedures and forms required for this kind of petition. The representative stated that at this point there is no penalty for the mother having an expired visa (i.e., "out of status"), but my biggest concern is about her working. Does anybody know what the chances are of them denying our petition because she has been working this entire time? Or what penalties they may impose? She must be working illegaly (cash job) right? You dont need to mention that anywhere. If you are filing I-485 for her, you have to file affidavite of support for her.

No, actually it is a regular job. I have heard of many cases (at least 4 or 5 years ago) where the attorneys recommended that if the INS didnt ask, you didnt tell. Is that still the case? What should she do?