Visa Overstayed

[Nikita2Charles 32]

I have a friend who I knew for a long time, I never knew she was here on a tourist Visa, it's a 10 year tourist Visa, Is the tourist visa still valid, since the original expiration date is 2009, but she's been in the country for the past 5 years, I understand tourist visa stayed i thought is limited to only 6 months at a time in the country. She has a 15 years old son and he's been in the country for the past year also, I am assuming with Tourist visa also.

She just got married, would she need a waiver, Can her husband apply for her and her son to have Adjustment of Status?

[eau_xplain 2]

I have a friend who I knew for a long time, I never knew she was here on a tourist Visa, it's a 10 year tourist Visa, Is the tourist visa still valid, since the original expiration date is 2009, but she's been in the country for the past 5 years, I understand tourist visa stayed i thought is limited to only 6 months at a time in the country. She has a 15 years old son and he's been in the country for the past year also, I am assuming with Tourist visa also.

She just got married, would she need a waiver, Can her husband apply for her and her son to have Adjustment of Status?

Your friend's legal status expired when her I-94 expired. Technically, her tourist visa became invalid the moment she stayed past the date on her I-94.

Howerver, if she married a USC, she can file the I-130 and I-465 packet. They can also file for her 15 year old son. Any overstay will be forgiven during the AOS approval process. She should not leave the country until she gets her green card.