If my mom's ESTA expired and I am a US born citizen, can I invite her to hold a green card? 3 Answers as of August 19, 2014

I am 18 years old (US citizen born in the US), and my mom entered the US on an ESTA from South Korea a couple of months ago. Her ESTA expired, and we are trying to get her a green card. I understand we need to wait until I'm 21 years old, but is this possible? From what I know, people who legally entered the US. on a proper VISA and then overstay, can AoS, except if you came on an ESTA. Also additionally, I don't know if this would matter, but when I was born in the states here, my mother was on a student visa at the time. So this would not be her first time here in the states.

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Law Offices of Christine Green
Law Offices of Christine Green | Christine Green
You will have to wait until you are 21 years old before you can petition for your mother. Certain individuals (such as immediate relatives of U.S. citizens) who enter the US using the visa waiver program are able to adjust status but the rules governing this type of adjustment are more complicated, and I would suggest you work with an immigration attorney to guide you through the process. It doesn't matter that you mom previously entered the U.S. on a student visa years ago.
Answer Applies to: California
Replied: 8/19/2014
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You cannot petition for your mother to receive an immigrant visa until you reach the age of 21. USCIS policy allows someone who entered with ETSA to seek adjustment of status to lawful permanent resident. The issues is that if the person is denied they are not entitled to a hearing before the immigration judge as that was waived upon entering with ETSA. It is never advisable for someone to stay in the United States without status especially since a lot can happen during the next three years. Depending upon how long she has overstayed her ETSA, it may be best to depart the country.
Answer Applies to: New York
Replied: 8/19/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Mom will be fine. Just make sure to file when you turn 21. And tell mom not to travel outside the US until she gets her green card.
Answer Applies to: California
Replied: 8/19/2014
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