La Junta, CO Immigration Law Firms & Lawyers

There is no right to obtain a green card through a grandparent as that is not one of the recognized categories of immigration. A grandparent may be able to help in establishing presence which is required for a parent where a US citizen parent has not entirely fulfilled the period of required residence to bestow US citizenship on a child, but that is the only instance that I can recall of a grandparent directly participating in the giving of immigration benefits.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.  

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).

Your refusal to hire an attorney to help with your immigration case is what got you into this situation to begin with. The request for evidence would have been sent to your attorney who would have replied to it in a timely manner. In addition, a "Notice of Intent to Deny" should have been sent to you, giving you time to respond. Your question also fails to state sufficient facts to properly answer your question. With that being said, what is the reason given for the appointment with the local office. If it is to interview you again, then a number of scenarios are possible. You can go to the appointment, be interviewed, and hopefully be granted permanent residency. You can go to the appointment and be served with a Notice to Appear, placing you in removal proceedings. You can go to the appointment and be detained by ICE and placed in removal proceedings. The choice to retain an attorney at this time is up to you. Good Luck.