Can my mother come with a tourist visa? And what are the steps she needs to take to get one?
4 attorney answers
Greetings and congratulations on the upcoming marriage. If your mother was convicted (not just arrested) of a federal money laundering offense, where the amount of funds exceeds $10,000, she is considered an "aggravated felon" for immigration purposes under INA §101(43)(D). She was likely placed in removal proceedings under Section 237 on these grounds, or it is possible that she signed an order of expedited removal. Your question does not make it clear. If my description of the background facts is accurate, a B-2 visitor's visa will be challenging, but in my experience not impossible. She would need a nonimmigrant waiver pursuant to INA § 212(d)(3)(A)(i) and permission to reapply for admission under INA § 212(a)(9)(A)(iii). The § 212(d)(3) waiver would overcome inadmissibility under INA § 212(a)(2)(I)(ii) based on the conviction for money laundering (which apparently occurred over 10 years ago). The permission to reapply for admission under INA § 212(a)(9)(A)(iii) would be required due to inadmissibility under INA § 212(a)(9)(A)(i) as she is an alien previously deported for an aggravated felony conviction. Your mother, of course, must also qualify for the B-2 visa by showing strong ties to the DR and overcoming the presumption of immigrant intent. The visa application would be presented to the U.S. Consulate in Sto Domingo together with the nonimmigrant waiver package and the application for permission to reapply for admission and PLENTY of supporting evidence (incl. declaraciones de familiares, amigos etc) to show your mother is "rehabilitated" and has strong ties. It is very likely that, if approved, she will only be issued a single-entry visa, to come to your wedding, but a multiple-entry visa is not outside the realm of possibility.
Please note, the above answer is for general informational purposes only and does not create an attorney-client relationship with this attorney or her law firm. We represent clients in all 50 states and abroad.
It seems highly unlikely that your mom would be granted a visitor's visa in such circumstances. But not enough information is provided here to fully answer this question. When you say your mom "voluntarily agreed to be deported," I am not sure if you mean she requested voluntary departure or she requested an order of removal (deportation) in immigration court. I recommend that you obtain a certified copy of your mother's criminal disposition as well as a full copy of her immigration file and consult with an experienced immigration attorney.
Please note that this answer is solely for general information purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. Please discuss your individual situation with an attorney.
It will be challenging for your mother to receive a B-2 Visa. More information would be required to ascertain if a non-immigrant waiver would be possible.