Milpitas, CA Immigration Law Firms & Lawyers

Unless you get married she cannot change, extend or adjust her status since she came in under the VWPP. If you get married you can petition her for a Green Card and she can remain in the U.S. during the process.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Your father's deportation will complicate his petition, but there may be waivers available to him. Your mother may or may not have to go through consular processing instead of adjusting in the U.S. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your parents' situations. (S)he would then be in a better position to analyze their cases, advise you of their options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.

You have hit the nail on the head as to the dilemma that permanent residents face who have remained outside the country for longer than the period of time allowed under the green card. It is the bother, cost, and time of waiting and filing a new petition as opposed to having the person come in and take his/her chances with CBP at the airport with the understanding that a refusal would either have the individual leave the US and surrender the green card or challenge the CBP decision in an immigration court. A loss there could subject her to an order of removal. You should discuss these options with your mother and see what is her tolerance level of risk before you both decide what to do. 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.