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