If you are seeking a strategy for your aunt's immigration goals, then I strongly suggest that you contact an experienced immigration professional. However, if your question is strictly whether hardship will suffice as a reason to excuse the overstay, the answer is probably not.
Your aunt overstayed her status because one of her daughters fell ill. Your aunt would need to demonstrate that her daughter was extremely ill for all the time that your aunt was here without authorization and that your aunt was the sole source of support. This would be very difficult to prove indeed.
I am pleased that you plan to check with a lawyer. Should you wish a second opinion, please contact our office and schedule a consultation.
This attorney is Board Certified, speaks Spanish and French, and represents clients throughout the United States. For more information, click through to the Blog or web site.
Elizabeth R. Blandon
It is advisable to contact an immigration lawyer to discuss your case and find a way forward.
This is a complicated situation and you need to sit down with a lawyer to find a way forward.
If your aunt had an I-130 filed on or before 30 April 2001 she can rely on the provisions of s245(i).
It is best to have this explained to you and your case assessed by the lawyer you will contact.
You are welcome to use the link provided below.