Hello my names Luis delgado, I’m 22 years old now , my mother had her visa and then got it taken away a few years back when she tried to enter back legally to the US after a short vacation, the border patrol forced cancelled her visa, because he assumed she came here to work with her name.
After she tried to enter illegally and got caught, she did her time in San Diego in a women’s detention center, she’s been in Tijuana , Mex since then, it’s been around 4 years now, can someone help me or guide me through on how to bring my mother back? She has a 12 year old son here (us citizen) and me (also is citizen)
- thank you
You need to talk to an attorney ... there are several non-profit agencies in your area: https://www.immigrationadvocates.org/nonprofit/legaldirectory/
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are 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.
Yes, assuming your mother is not otherwise ineligible, you should be able to sponsor your mom for lawful permanent resident status, because you are a US citizen son who is 21+ years old. She may need a waiver but impossible to tell unless an attorney has all the information. It is important to make sure the process is done correctly before you spend time and money for no reason, so you should consult with an experienced immigration attorney before taking any steps (or perhaps seek assistance from a nonprofit that provides free immigration law advice). Good luck.
Your mother should have an alien file (with A number), which covers the border incident leading to the cancellation of the visa AND the illegal entry. She probably has at least one deportation order (possibly two) and may have a misrepresentation finding if she got caught lying. Your first step is to review her immigration file, with assistance of an experienced immigration attorney. While the 5-year bar from a deportation may go away pretty soon, she may be barred much longer (20 years, 10 of which cannot be waived) if she received an expedited deportation order from the first border incident. Plus, she cannot get a misrepresentation waiver through a US citizen son/child.
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
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