Can I apply green card for my mom who overstayed in the US? 5 Answers as of May 06, 2011

My mom overstayed in us for 18 months last year, but she is living outside of us now. I'm a citizen of us now and I'd like to know if I can apply green card for my mom so that she may legally reenter us?

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you mother remained in the U.S. after the expiration of her stay, remained for more than 1 year and then left she is inadmissible to the U.S. for 10 years under INA Section 212(a)(9)(B). The 10 years started to run once she left. She would need a waiver to return any earlier. To qualify for the waiver she must show that a US Citizen or LPR spouse or parent would suffer extreme hardship if the waiver was not granted. Hardship to U.S.Citizen children does not count.
Answer Applies to: California
Replied: 5/6/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes you can. She will have to have a good explanation as to why she overstayed in the first place. So at the time of her interview with the embassy, she is going to have to file a waiver and my guess is that if she does not have a compelling enough case, then she will be made to remain in her country of origin for a period of 1 to 3 years before she can come in. If she does, then she may come in sooner. Had she stayed put in the US, having come in with a visa, she could have gone on to adjust right here. Good luck!
Answer Applies to: California
Replied: 5/6/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
She needs to file for a waiver before she can be admissible or wait for 10 years.
Answer Applies to: Florida
Replied: 5/5/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Yes you can but she will also need a waiver to overcome her past unlawful presence.
Answer Applies to: Florida
Replied: 5/5/2011
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