I want to petition my mom currently living in Mexico. She lived in the US illegally for over 20 years. She has never been deported or done any felonies. While her time here, her US citizen brother petitioned her and she applied for the 245i. She is currently under 245i. A family emergency pushed her to leave the US. I, her daughter, recently became a US citizen. Can I petition her still, and if so will she still be covered by 245i, and therefore void the 10 year stay in her country of origin? How difficult is the process in her case and how long will it take?
Neither the fact that the mom is living in Mexico, nor 245(i) bar a petition from being filed by an adult US citizen child. The fact that the mom has left the US, means there is no 245(i). In order to immigrate, the US citizen child must file a petition. After approval of the petition, the mother must apply for a waiver of the 10 year bar she triggered upon leaving the US.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I agree with my colleague. Your mother will need a petition + waiver of inadmissibility.
Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
I agree. If she entered without inspection or with an I-94 with expiration, then left after 9/26/97, then she is subject to a three or ten year bar, but more likely the ten year bar on immigration. A waiver is not possible unless she has a U. S. Citizen or permanent resident spouse/parent, who can prove that they will suffer extreme hardship as a matter of law and discretion. The hardship of a child does not matter based on the law.
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, who understands INA Section 212(a)(9)(B)(v) among other grounds that may disqualify her from immigration.
This is general information, not legal advice, and does not create an attorney client relationship.
Problem is she may need a waiver to immigrate depending on when she left the US. For the waiver, she will need a qualifying relative (spouse or parent) who is either a citizen or Lawful Permanent Resident.
Curtis F. Pierce
Attorney At Law
Certified Specialist, Immigration & Nationality Law
The State Bar of California Board of Legal Specialization
The Pacific Center
523 West Sixth Street, Suite 348
Los Angeles, California
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