Hi my mom has got deported years ago back to Mexico and I come with my brothers to visit her a lot and I want to get her papers get everything fixed so she can come back to the u.s also she had my baby brother but he was born in Mexico as well and just recently she having another baby right now and they’re both born in Mexico (Mexicali) and I need help I want my family here with me safe and I need all the help I can get and how much should I be saving?
Whether your mother can come back may depend upon how many years she has been back to Mexico. If she went back at any time after being illegally in the U.S. 1 year or more after April 1, 1997, she incurred a 10 year bar against returning to the US. In that situation, if the 10 years have already passed, then she is eligible to return once your petition for her is approved and she goes through consular processing as long as she has no other bars, e.g. crimes or fraud. If 10 years have not passed, she would not be able to return unless she is able to obtain a waiver based on extreme hardship to a US citizen or permanent resident parent or spouse. You cannot be a qualifying relative for the waiver. Another problem that she has is that you are contemplating petitioning for her as an immediate relative which would allow her to immigrate, but not your baby brothers. She would have to immigrate first, and then petition for your 2 brothers separately. Fortunately the F-2A category for unmarried children under the age of 21 of lawful permanent residents is fairly quick these days, but the processing would still be about 2 years. 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.
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