QUESTION

Do I have any chances to file for our Mom without attorney or this is very tricky and complicated so it’s better to hire the lawyer?

Asked on Jan 13th, 2013 on Immigration - Utah
More details to this question:
I have pretty sad story about my Mom but I know I have to say everything shortly so I will just kind of ask few questions and at the same time I will try to tell her story. Can I as a US citizen now sponsor for green card my Mom who was inadmissible to the US per section 212a(7)(A)(i)(I) of the INA and was allowed to withdraw her application into the US in lieu of a formal expedited removal from the US under section 235(b)(1). This situation happened on May 24 2008, I am thinking (but I am not sure) that she got 5 years ban because of strong possibility that she was working in the US during her previous visit. When she was going back home on September 2007 she was stopped for inspection, they checked her pockets, etc. She had $3400 in her wallet. When she came on May 24 2008 Immigration Officer took her on the side and kept asking questions about coming into US not just for visit but to work and make money. After long hours of questioning my Mother gave up and agreed to sign the sworn statement (questions from the I867A, I867B), basically she agreed that she was few times cleaning people houses. So my questions are: Do I have any chances to file for her without attorney or this is very tricky and complicated so it’s better to hire the lawyer? If I will be able to do it on my own probably I will have to fill it out the I-130 and then question 16 on that form says; Has your relative ever been under immigration proceedings? My answer will be YES and then they asking when; May 24 2008 and then they asking if this was removal, exclusion/deportation, rescission or judicial proceedings. What should I choose? My answer should be removal? Do I have to attach any documentation explaining this situation? For example any Record of Deportable/Inadmissible Alien? How should I apply for my Mom? Do I need any waivers or I just have to follow the instruction how to apply for parent who is outside the US from USCIS web.
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2 ANSWERS

Immigration Law Attorney serving New York, NY
Your mother has a complicated case. Hire an attorney.
Answered on Jan 16th, 2013 at 8:36 PM

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Criminal Law Defense Attorney serving St. George, UT at Edward D. Flint Attorney at Law
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All immigration questions are fact-intensive and there is no way to accurately and completely answer your questions without meeting in person, going over all the details and records, and making a determination what you are eligible to apply for from USCIS. An immigration law attorney is always the best way to handle immigration matters.
Answered on Jan 16th, 2013 at 8:04 PM

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