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Can my Mother still apply for citizenship on behalf of her U.S. citizen spouse even if she has a nondetained case on her

Houston, TX |

My Mother was ordered a supervision case from ERO starting on 11-16-2010 and has been since reporting to this ERO department. She is married to a US citizen since 1994 but came illegally to the USA while she was in the process of becoming a legal resident. She was caught in the border and was sent back. Unfortunately she again tried crossing the border but this time with her sister-in-law's documents (not a us passport but a temporary permit while she received her passport). Again she was caught. She came yet again but this time with a coyote. ICE obviously found out of her presence on US soil on 2010 and gave her this case. So my question is, is she still eligible to become a legal resident of the US and be able to travel back and forth from Mexico? Thank you.

Attorney Answers 1


This will be a very difficult case to win.

Her second illegal entry appears to have imposed a lifetime bar against her being able to stay legally.

But, she should meet with an attorney ... there might be more to this case than you have told us.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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