QUESTION
What are my options on petitioning my mother if she got caught by INS?
Asked on Mar 08th, 2012 on Immigration - New York
More details to this question:
Back in 1995 my mother got arrested by INS while working at a factory with no documents. She payed her taxes, never got arrested for a crime but this one. I have a younger sister who is 16 years old who my mother gave birth to here in the US. She told the judge she would leave voluntarily but never left. She lives with me. She's Peruvian and so am I. I'm 27 now and became a US Citizen 3 years ago and would like to know what are my options when it comes to petitioning her for her to get her residency. I hate the fact that she has to live in this country being scared and always thinking they can come after her. I would like information and steps to take for my mother and steps she can take to solve this problem.
3 ANSWERS
She is not going to be eligible for legalization of her status given that she was ordered removed but never left the country. You should consult with an immigration attorney in your area who handles removal proceedings.
Answered on Mar 12th, 2012 at 3:28 PM
Immigration and Naturalization Attorney serving Santa Ana, CA
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U.S. Immigration Law Group, LLP
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Your options will depend on the date your mother received voluntary departure from the immigration judge. If she never left, her voluntary departure order has converted to the equivalent of a deportation order. She may need to reopen her case with the court before she can proceed. It is necessary for you to speak with a competent immigration lawyer on your options to proceed.
Answered on Mar 12th, 2012 at 12:46 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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You need to speak with an immigration attorney. It may be possible to file a Motion to Reopen and vacate her deportation order but more information is needed. The Vol Departure turned into a deportation/removal order when she did not leave. This will block her from most forms of relief unless the case can be reopened.
Answered on Mar 09th, 2012 at 2:36 PM