Florissant, CO Immigration Law Firms & Lawyers

Generally, a U.S. Citizen who is at least age 21 may sponsor a parent to adjust status to become a Lawful Permanent Resident (to get a "Green Card") if the parent entered the U.S. lawfully and with inspection, even if she may have overstayed her visa. Becoming a Permanent Resident for 5 years (3 years in the case of some people married to U.S. citizens) is a prerequisite for applying to become a naturalized citizen. The analysis is different for a sibling. Generally a U.S. Citizen may apply for a sibling who entered the U.S. lawfully and with inspection in the Family-Based Fourth Preference Category. The waiting list for a visa in this category is very long - by some estimates it may be 15 years or even longer - and so this rarely is a worthwhile immigration strategy and other alternatives need to be explored. Note also that if the sibling is out of status, she will need to go outside the U.S. for consular processing (instead of "adjustment of status" inside the U.S.), and if as an adult the sibling has been unlawfully present for more than a year she may become subject to a very harsh 10-year bar to re-entering the U.S. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

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).