QUESTION
Can my mother who is a US citizen apply for our legal status?
Asked on Jun 10th, 2012 on Immigration - California
More details to this question:
My husband and I have entered the US in May 1996 on a visa tourist and never left the country since then. Our daughter was left behind in Brazil and we tried thru relatives to get her a visa which was denied so we had her come with someone else, however she entered the country thru Logan Airport in Boston under another name and visa . Since then we had 2 more children an 11 and 8 year old in the US ; my mother and 3 sisters also became several years ago US Citizens. Can my mother apply for us for legal status without the 10 year bar?My 8 year old has ADHD and receives alot of support from the school and takes medication , anyways the school system in Brazil doesn't offer this kind of support there, so I don't want to risk having to leave the country...
5 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Is your mother a US Citizen?
Answered on Jun 29th, 2013 at 12:39 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you are married or over the age of 21, you will not be able to adjust your status through your mother because you are no longer considered an immediate relative. Your mother will need to submit an I-130 petition on your behalf that will include your entire family. It takes about 1 year for the petition to be processed before you will be scheduled for your visa interview in Brazil. Since you have been unlawfully present in the US in excess of one year, you will also be subject to the 10-year bar. You can request a waiver of the 10-year bar on form I-601 by establishing extreme hardship to your mother if you were not allowed to return earlier. This type of case is very complex and I highly recommended you hire or speak to an attorney beforehand.
Answered on Jul 09th, 2012 at 9:27 PM
Rebecca T White
Your mother may file an immigrant visa for you, but there will not be an immediate visa available to you from that. Your older daughter will have additional issues given her method of entry into the US. You may have an option of applying for Cancellation of Removal. You will want to set a consultation and fully discuss your options.
Answered on Jul 02nd, 2012 at 5:58 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Possibly. However, it is a long process and the waiting period before an immigrant visa will be available is at least 10 years from the date of application. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.
Answered on Jun 29th, 2012 at 10:42 PM
NO, your mother or sister can petition for you but you will not be able to legalize your status within the US. You would need to go back to your home country but departing from the US will cause you to trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.
Answered on Jun 22nd, 2012 at 2:40 PM