QUESTION

Is there way for her to fix her immigration status without having to leave the US?

Asked on Jun 25th, 2014 on Immigration - California
More details to this question:
My mother in law came here to the US and is trying to become legal but is afraid of returning to her home country.
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5 ANSWERS

Bruce A. Coane
If a mother enters with a visa and her adult USA citizen child sponsors her, normally she would not need to leave.
Answered on Jun 26th, 2014 at 9:05 PM

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She may be eligible for adjustment of status if she entered the country with inspection (legally) and has a US citizen spouse or child that is at least 21 years of age who can petition for her.
Answered on Jun 26th, 2014 at 9:04 PM

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If your spouse is a U.S. citizen, your mother-in-law can obtain a green card on her child's petition without leaving the U.S. If your spouse is a permanent resident only and cannot become a citizen before your mother-in-law's visa runs out, the process through a petition is still possible, it will just take longer; but your mother-in-law would not have to leave the U.S. Finally, she should talk to an immigration attorney about her fear of returning to her own country: it is possible that she might have a viable claim for asylum in the U.S.
Answered on Jun 26th, 2014 at 2:52 PM

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Adebola O. Asekun
If your mother in law came to the US with a visa, (even if long since expired) she may not have to return to her country to visa process if she is an immediate relative of a US citizen who can file petition for her. In this situation, if your husband, her son is a US citizen, then, he should file a petition for her. I caution that in filing any thing with immigration, you need to consult with an experienced immigration lawyer, because, several requirements must be met in addition to being a mother of a US citizen and unless all of those requirements are met, she may still be ineligible for a green card.
Answered on Jun 26th, 2014 at 10:13 AM

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Employment & Labor Attorney serving Culver City, CA at Law Offices of Christine Green
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More facts are needed to analyze this case. I suggest you set up a consultation with an immigration attorney- many of them offer free consultations.
Answered on Jun 26th, 2014 at 8:47 AM

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