QUESTION

Can I help my mom fix her immigrartion status?

Asked on Apr 26th, 2018 on Immigration - California
More details to this question:
My mother has lived here in the US for over 27 years, no criminal record. I am 26 years old & a US Citizen. Can I help her fix her status without her having to leave the country?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If your mother entered the U. S. legally, you could file for her with a form I-130 petition for alien relative and she could adjust her status without leaving the country through an I-485 application for adjustment of status to permanent residence. If she did not enter the U. S. legally, she would only be able to adjust status if she has the benefit of §245(i), under which she would have had to have applied for a labor certification application or immigrant visa petition before April 30, 2001, and be physically present in the U. S. on December 21, 2000. Failing that, she could possibly qualify for an I-601A provisional waiver of her unlawful presence if she also has a spouse or parent who is a U. S. citizen or permanent resident and who would suffer extreme hardship if such a waiver was not approved. Under an I-601A waiver, your mother would ultimately leave the U. S. for an immigrant visa interview at the home U. S. consulate or embassy which would in all likelihood result in a normal interview from which she would return to the U. S. with an immigrant visa. Due to the limitations of the Lawyers.com 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.
Answered on May 23rd, 2018 at 2:43 PM

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