My mom was deported in 2008 for coming to the United States on a fraudulent visa. Now I’m a US citizens. Can I apply for a I130 for her? I already requested and received the FOIA
This is definitely a question for an immigration attorney, not just a government attorney. So - I have marked your question for an immigration answer. I can tell you this. Do not attempt to bring her back without talking to an immigration lawyer first and getting a legal plan in place.
If this is helpful, an Avvo thumbs up is appreciated ! Good luck ! I hope i works out :)
This is not a legal opinion given the question that you posed. It is guidance based on common sense recommendations that you may choose to consider and some thoughts to help clarify the matters that you ask about. I am licensed only in the state of Texas. There are many other facts that exist or may arise that you did not express in your question in this forum that are/could be critical to providing an accurate response. Thus, the response I give is very general. I strongly suggest getting a private consultation with an attorney. That is likely to be in your best interest if you have a legal problem , question, concern, or need. Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you. Best of luck !
Yes, you can file an I-130 petition, but the larger issue is what happens with her case after that. She will like need a fraud waiver. You definitely need an experienced immigration attorney to do a full analysis of her case, present options, and assist with any filing.
You can file a petition on her behalf, but she will need a waiver for the fraud and probably also for the unlawful presence in the United States. She will need to show that a spouse or parent will suffer hardship for the waiver to be approved. Consult with an experienced immigration lawyer to review the merits of your case.
The information provided in this post should be construed for informational purposes only and is not legal advise or intended to establish an attorney/client relationship.
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