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How can my mother adjust her status?

Yonkers, NY |

My mother came with us from Argentina in 2000 under the visa waiver program. We overstayed the 90 days we were supposed to be here (I was 6 and my sister 2, not our fault, we applied for DACA) and we have lived in the US since. My mother married a US Citizen in 2011 (true marriage, NOT for papers). A child was born to them (my brother) in 2012. How can she adjust status? Is a lawyer required? How long would it take? Would it be problematic is the US Citizen she married has two felonies for DWI and has probation (but has been clean for years)?

Mother has no criminal record. Her husband also has child support arrears, but receives unemployment. Also, can my sister and I be included in the petition? I am 19 and my sister is 15.

Attorney Answers 3

Posted

Your mother needs to schedule an in person confidential meeting with a practicing attorney as several crucial issues must be properly explained to her on legal options. I may recommend Counsel Alexander Segal.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

She should be able to adjust status even though she entered on the VWP and overstayed, so long as she is not the subject of an INA section 217 removal order. You should strongly consider using a lawyer for a matter this important. It's not worth the risk to attempt this without a lawyer. The character of the person she married will not affect her ability to become a Lawful Permanent Resident.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

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5 lawyers agree

Posted

Your mother needs to consult an immigration attorney. The fact that she overstayed from the visa waiver program could pose a problem.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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1 comment

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

good guidance.

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