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Immigration related question

1 Answers. Asked on Sep 09th, 2017 on Immigration - California
More details to this question:
My sister and mother entered America on esta with British passport. They both over stayed their stay, my sister was minor at the time. For several years they entered America on esta until their esta was cancelled because us immigration found out the fact of their overstayed years ago. My sister now wants to marry an American citizen who is traveling to U.K. To marry her and they want to apply for green card for her. My mother wants to enter America as well through her other 3 children wh are us citizen. What's the likely hood of both to succeed ?
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Answered on Oct 08th, 2017 at 5:53 PM

The likelihood that both will succeed is good so long as the marriage is bona fide. Having the ESTA canceled for an overstay may affect the individual's ability to return to the US under ESTA or a nonimmigrant visa, but it should have no effect upon an immigrant visa petition based upon marriage or through a US citizen child so long as no misrepresentation was made at the time of ESTA entry. Due to the limitations of the Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.


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Regardless of your situation, U.S. immigration law can be confusing. Are you seeking to come to the United States for pleasure, business or to attend school? Do you want to stay here just temporarily, for a longer period of time or live here permanently? Are you a permanent resident or seeking citizenship? If you want to come to the United States, immigration lawyers can help determine your eligibility for various types of visas and guide you through the application process. If you've already arrived in the United States, an immigration attorney can determine whether you're eligible for permanent residency and if you can bring family members into the country to live with you. Immigration law firms can also work with individuals who have entered the country illegally, overstayed their visas or violated the conditions of their visas and are facing removal or deportation proceedings.
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