Overstay on Visitor visa due to green card processing

[ArjunReddy9]

Hi,

 

We are applying for green card for our mom and we got I-130 approved and applied for I-485 but the packet was returned stating not in good condition (It was all damaged, not sure how). Now, it has been 11 months since our mom came to the U.S which is 5 months more than the regular 6 months. The I-130 approval came to us couple of months back only. I am hearing our mom is considered overstay now. Is that the case and do we have to file for I601A form? Is that the only option we have? Our mom is still in the U.S. What are the chances for it to be approved. Has anyone got it approved before? How do we proceed? We are trying to get professional consultation as well but wanted to see what folks had to say as well.

 

Thanks

[newacct]

No. Your mom remains eligible for Adjustment of Status. She can just file I-485 again. She is in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen) and does not need to be in status to be eligible for Adjustment of Status.

[pontevecchio]

Discuss the matter with the firm of Murthy or any of your choice. I assume you applied for AOS while her I94 was still valid?. 

[care_candidate]

Any overstay is bad.