QUESTION
How do I get the legal papers to come in and out of the US?
Asked on May 08th, 2012 on Immigration - Texas
More details to this question:
hi. my mother was living in the united states for 20 years before she went back to her country Honduras about 5 months ago, i want to get her legal paers so she can come to the united states as she pleases.me and my brothers would love to see her again.how do i go about getting her papers?
3 ANSWERS
She is going to be barred from reentry to the US for a period of 10 years. Once that time period passes, you can petition for her and she will be able to get a visa to come to the US.
Answered on May 16th, 2012 at 12:04 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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It is unclear what is your mother's immigration status. If she has green card, she can use it to come back. If she is a US citizen, she can use her US passport to come back. If she is neither, she will not be able to come back for a long time.
Answered on May 14th, 2012 at 8:08 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you are a US citizen and at least 21 years of age, you may petition for your mother on Form I-130. It will take about a year for her paperwork to be processed before she is scheduled for her immigrant visa interview at the US Consulate in Honduras. The problem with her case is that she looks like she may be subject to the 10-year bar for having been unlawfully present in the US in excess of 1 year. She can apply for a waiver of the 10-year bar on Form I-601 if she can establish extreme hardship to her spouse or parent(s) who are residents or citizens of the US, but not her children.
Answered on May 11th, 2012 at 2:37 PM