My mother lived in the us for about 13 years she came in with a visa and used to go back and forth to her country but the last time he stayed in the us for more than 2 years then went to live in her country. When I was 21 I applied as an sponsor for her but told she needed to wait about 8 years for a permit from the consulate due to the fact that she was in the country over 2 years with her visa expired her reason to go back to her country was because my dad took my brother she has then been a victim of abuse and did not want to stay over there and wait her time and came crossing the bridge now will she get deported or the judge might leave her here and offer her a bond and have her stay a few months?
It appears that your mother has crossed the border illegally or attempted to do that only once. A lot is going to depend on what will be the outcome of her encounter with ICE. If they allow her to withdraw her application for admission and leave, which is highly unlikely, she would be able to continue waiting the rest of the 8 years left. Otherwise, she would have to wait ten years before she could seek immigrant visa. There is no waiver for parents. Only for children. If that was not the first time she tired to cross the border illegally, she is lifetime barred from admission and would not be able to come at all.
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4 lawyers agree
Your mother definitely needs a lawyer. Is your dad a US Citizen or Permanent Resident? An experienced immigration attorney will be able to go over all of the details of the situation with your mother, and determine what, if anything, could be done.
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Criminal Defense Attorney
Your mother need to find a local immigration lawyer dealing with deportation. From jurisdiction to jurisdiction, the courts have different ways of dealing with those who are in deportation proceeding. As long as she is not under mandatory detention, it is all up to the ICE officer or the court to decide whether she gets a bond and can wait at home for her court date. But, make sure that your mother does not agree to sign anything before she sees a lawyer.
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