Boerne, TX Immigration Law Firms & Lawyers

You cannot transfer your petition, but you can however submit a change of address for the pending petition online or by calling USCIS' customer service number that is listed on the receipt for the petition.

It will likely be difficult for you to have your mother come over as a permanent resident. A record of fraud or misrepresentation requires a waiver application based upon extreme hardship to a qualifying relative, and a qualifying relative is restricted to being a US citizen or permanent resident spouse or parent. She cannot waive through you. On the issue of her being caught many times trying to come into the US illegally, she would incur a “permanent” bar in which she would not be allowed to apply for any waiver for 10 years if she stayed in the US illegally for one year total on or after 4/1/97 and then left and tried to enter the country illegally on or after 4/1/97. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

It 'seems' that you overstayed more than 180 days after your 18th birthday 'unless' you were put in immigration court, sooner. You will need to file and document proof of extreme hardship to your husband. Otherwise, you will be banned from immigration for three years from your departure. I strongly recommend an appointment or teleconference with a competent immigration law firm like our office which handles unlawful presence waivers.