I-94 Expired, Overstay. I-130 Approved, Adjustment

[Freemon]

Hi,

So I have been doing some research to find out what my options are as far as getting my green card.

So my mom and I came to U.S about 8 yrs ago on I-94 visa. She later got her Greencard.
Since then my I-94 has expired. My mom filed for my I-130 when I was like 16, and I got it approved I think about 3 months after I turned 18. So now I am waiting for my a visa number to be available.

But as of right now, it says that my interview is back at my home country which is the main problem that I am having. I know that I can't leave the US because it will probs trigger the 3-10yr ban.

So I think that my main option is to apply for an I-485, but I know that even that gets tricky for people who overstayed their visa. So my question pretty much is how should I go about this, what should I do?

I think I read somewhere that I should just wait until my visa number is available then apply for I-485 (AOS), which should be probs be approved, but that I would have to pay a fine because of overstay. But would that work in my case?

Any advice or help offered would be greatly appreciated.

Thank You!

[perce4]

No, on the I-130 it says that I am in the U.S. And yes she is still a legal permanent resident.

[Matherson]

Did your mother misrepresent your address on the I-130, as being in your nation of origin?

Your mom is still a LPR?

(In general, see INA Sec. 245(i)).