QUESTION
Mom got approved for an I130 12 years ago. They divorced so the case stoped. If i apply now she would still be denied for staying illegal for 1 yr.
Asked on Apr 10th, 2021 on Immigration - Indiana
More details to this question:
Hello, My mom's ex husband applied for an I-130, submitted a waiver for her having been illegally for more than 1 year, got approved 8 months later but they divorced right before she received the green card so the case stoped. I am a us citizen, If i submit an I130 for her she would be penalized again for being illegally on the country over a year? She's been in México for 12 years since her casé didnt proceed she couldnt go back.
1 ANSWER
So if you are a United States citizen over 21, you can petition for your mother for her green card. If she has overstayed her visa by more than one year, then she can't come back to the United States for 10 years. So if mom has been outside the United States for more than 10 years, I don't see how she would have to file a waiver. But before you file a case, and spend all the filing fees, make sure that you Have a lawyer review the entire file and all the facts involved before taking legal action.
Answered on Apr 10th, 2021 at 1:37 PM