QUESTION
If I petition my mother does she need to leave the country under penalty?
Asked on Mar 20th, 2013 on Immigration - Texas
More details to this question:
I am 21 yrs old. My mother first came to California illegally about 21 or 22 years ago. She hasn't left the country for at least the past 15 years. She has 4 US citizen children including myself and 3 are minors that depend on her.
6 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is: Yes, you can petition her, but she will probably need a waiver. 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 mother's situation. He/she would then be in a better position to analyze her case, advise you of her options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Mar 21st, 2013 at 10:57 AM
Immigration & Naturalization Attorney serving Olympia, WA
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Seifert Law Offices PLLC
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You can petition for your mother, and it will be approved, but she should not leave the country for any reason, since she does not qualify for a waiver of inadmissibility, unless she has a spouse or parent who is legal here and could be an anchor for the I-601 waiver.
Answered on Mar 20th, 2013 at 1:41 PM
She probably will need a waiver. Also depends if she qualifies for 245(I).
Answered on Mar 20th, 2013 at 1:40 PM
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
If your mother leaves the country, she does not have a qualifying relative through you for a waiver. I strongly urge you to speak to an attorney. Leaving the country could have serious consequences.
Answered on Mar 20th, 2013 at 1:39 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Is she the beneficiary of an I-130 petition that was filed before April 30, 2001?
Answered on Mar 20th, 2013 at 1:38 PM
She does not have to leave the country but if she wants to be able to legalize her status at some point, she would have to leave. However, as soon as she does that, she will trigger an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse or child and this is fairly difficult to do in most cases.
Answered on Mar 20th, 2013 at 1:38 PM