QUESTION

what are my moms options? her status is "overstayed" she's been in us for more than 10 years. her master calendar hearing (3rd) is in one month.

Asked on Jan 14th, 2015 on Immigration - Illinois
More details to this question:
the only relative she has here in us, is me her daughter. our status is the same "overstayed" . we have 4 children , 3 were born here in us. (age 10 and under ). we've been here for more than 13 years. we would love to have her not deported. :) what are her chances? is the new immigration law can help her?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If I understand your fact situation clearly, you are her only relative and you have four children of which three were born in the US. Although your mother has been here for more than 10 years, she would not appear to be eligible for the relief of cancellation of removal as none of the US-born children are hers. She also does not appear eligible for the President's 11/20/14 executive action relief for parents of US citizens or permanent residents as she does not appear to have any. I suggest that if she has not already tried it, her attorney should send in a request to the government attorney who has her case for prosecutorial discretion. In such a request, she should list all of her unfavorable as well as favorable factors as those will be the basis upon which the government attorney will make a decision. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Feb 11th, 2015 at 2:38 PM

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