Castle Rock, CO Immigration Law Firms & Lawyers

I am sorry to give you bad news, but it is better for you to know than to trust someone who will promise you to get your mother back to the U.S. - just to take your money and then say "Sorry, Immigration did not give it to us." The law is clear: a person who was unlawfully present in the US for one year or longer, cannot be admitted into the US in any status for 10 years from the date of that person's departure or removal from the U.S. [Immigration & Nationality Act ?212(a)(9)(B)(i)(II)] This so-called 10-year bar can be waived by the Government, but only because of extreme hardship caused by the alien's absence to her U.S. spouse or parent, but not to her child, and if the alien has an immigrant visa available to her. [8 U.S.C. ?1182(a)(9)(B)(v)] I understand that all this is a bit dense, so, in fewer words, your mother cannot immigrate into the U.S. unless she has a U.S. citizen (or permanent resident) husband or parent who, for some reason, suffers badly because of her not being here; a suffering kid does not count (sounds weird, I agree, but that's the immigration law). The only possible way for your mother to come to the U.S. is as a temporary visitor - if she can convince the U.S. consul to write a recommendation that your mother should be given a waiver, and if Attorney General of the U.S. agrees. Alternatively, the 10-year bar can be waived if someone in the U.S. convinces the Secretary of State of the United States to write a recommendation, and if Attorney General agrees to issue a waiver. Either way, this is called a waiver under Section 212(d)(3)(A) of Immigration & Nationality Act. Chances of getting this waiver are very, very small; but, if your mother decides to try, call or e-mail me and I will explain how it can be done (no charge).

You will need to file USCIS form I-130 and all the required supporting documentation. If you do this on your own, please read and follow the instructions to this form very carefully. If your parents are willing to sponsor your husband, the fact that you live with your parents will not be an issue. If your parents can show sufficient income to support him and and you, the application should be fine.

The petition that your mother's sister filed is not current according to the most recent Department of State Visa Bulletin. The Visa Bulletin is a monthly report that lets us know when visas are available in what are commonly referred to as the "preference categories." In the Fourth Preference (siblings of US citizens), the State Department is currently processing cases filed on or after May 22, 1996 for beneficiaries who are Mexican nationals. As the petition filed on behalf of your mother was filed in 1997, it is not yet "current." As you did not mention your immigration status, it is difficult to determine whether you might be able to file for them. If you are a US citizen, you could file an immigrant visa petition on their behalf so that they could return to the US. Keep in mind however, that if you are not a US citizen, you cannot file a petition on behalf of your parents. A petition filed by a US citizen on behalf of a parent is not subject to the limitations discussed above as to "preference category" petitions and accordingly no visa backlog exists in this category. Also important to consider is that if your folks were in the US for any period during which they did not have lawful status, that may render them inadmissible to the US by reason of having accrued a period of "unlawful presence" before their departure. Again as your inquiry does not indicate whether your folks were here without status, I cannot provide any response as to this important consideration. My advice? Talk to a competent attorney who can guide you through the process.