QUESTION
If I want to petition my mother, where do I start?
Asked on May 05th, 2013 on Immigration - California
More details to this question:
I am 23 years old. I know she applied for the 1986 IRCA and I believe she received some type of temporary permit. All she had left to do was appear at her court hearing but she missed the date. A few years ago she checked her case status and it appeared as closed.
7 ANSWERS
If your mother entered the US lawfully or is protected under 245i filing, then you can petition for her permanent residence and she will be able to adjust status within the US.
Answered on May 09th, 2013 at 2:15 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Its always better to consul and hire an immigration lawyer to help you with this type of cases as it is complicated.
Answered on May 08th, 2013 at 5:56 AM
I would try to reopen the old case, try to work it out; and, also, petition for the parent (if you can qualify due to other requirements).
Answered on May 08th, 2013 at 5:07 AM
Adebola O. Asekun
As a 23 year old US citizen, the process for getting your mother a green card is simply to file Form I-130 petition for her and if she is physically in the US after lawful admission with visa (even if since expired) she can concurrently file for her green card [Form I-485]. The whole process should take no more than 8 months. But based on some information you gave, I strongly suggest that you should not do anything until after full consultation with an experienced immigration lawyer. If she was ever in immigration court for any reason in the past, you must confirm that your mother does not have an outstanding order of deportation that may warrant her filing a motion to reopen before she applies for green card. Otherwise, in filing a petition with CIS will invite the attention of ICE "DRO" Detention & Removal Operations Unit whose only duty is to locate, apprehend and remove aliens with pending deportation orders. Contrary to your belief that her case was just closed, once deportation is shown, an immigration judge does not close a case but must instead issue a deportation order. Therefore, you need to proceed very carefully and so hire an experienced immigration lawyer to help you.
Answered on May 08th, 2013 at 4:28 AM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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Your mother should retain an immigration attorney to represent her, as she may need to re-open the Immigration court case regardless I what you file for her.
Answered on May 08th, 2013 at 2:53 AM
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Your Mom may have a 245(i) case but it seems like she may have also had an "in abstentia" order for Deportation. There are likely to be layers upon layers of complexity in her case . . . but nothing we have not dealt with before.
Answered on May 08th, 2013 at 2:43 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Given the fact pattern you describe, you start by visiting a competent immigration attorney who focuses on removal/deportation law. It may be that your mother was removed in absentia and there is an order against her. If her last place was in court, you may need to file a motion to reopen and then start processing for her there. Aila.org or your local chapter of the state bar are a good place to start in locating the correct attorney.
Answered on May 08th, 2013 at 2:36 AM