Is it possible to fix my mom’s papers even if she was deported 6 months ago for overstaying? 8 Answers as of October 28, 2011

You can file for her, but she will need a waiver for the deportation. You need to show an extreme and unusual hardship to you for her to qualify for the waiver.

Your mother is barred from receiving any visa for 10 years because of her deportation. The bar can be waived if you petition your mom for a green card/immigrant visa but she will have to demonstrate extreme hardship to you if you will not be allowed to live with her in the U.S. You should consult with an experienced immigration attorney before taking any steps.

As long as your mom has never illegally reentered after deportation and she does not reenter illegally now, you can still petition for her when you turn 21. Her deportation creates a 10 year bar to reentry, but she can seek a waiver of the deportation in conjunction with her application for an immigrant visa at the consulate. If she has been deported in the past and comes in a second time illegally, however, then she would be permanently barred.

You can file a petition for her, but she will need an application for readmission after deportation as well as a hardship waiver for her previous unlawful presence. This requires you to show extreme hardship to yourself if she is not allowed to re-enter during the period she is subject to a bar. It is in your best interests to speak to an attorney in more detail about the case as this is a complex matter.

You can file an immigration petition for your mother. If her only issue was an overstay, then you can file for an extreme hardship waiver. However these are very difficult to obtain. If you cannot get that approved, then she will need to wait until the time period lapses. At that point you will then be able to sponsor her green card.

Once the U.S. born child reaches the age of 21, he/she can file a visa petition for the parent. However, your mother's overstay and length of overstay is determinative as to your mother's bar from the U.S. If she was unlawfully present for more than a year, she will be banned from entering the US for ten (10) years. Because a U.S. born child is not a qualifying relative for a waiver of this ground of inadmissibility, you mother would not be allowed to return to the U.S. legally for ten (10) years despite have a U.S. citizen child 21 or older. That said, each set of circumstances is unique. I recommend you contact an immigration attorney to further discuss the facts of your matter and see what options, if any, exist.

Assuming you are US citizen, you can file I-130 visa petition for your mother after you turn 21. Then, depending on whether she was in fact deported by ICE, she may be barred from coming back for 5-10 years. If so, she will have to apply for waiver at the consulate at her immigrant visa interview. I suggest you contact an immigration lawyer to determine exactly her immigration history.

You may but she needs a waiver to be able to admitted into US again due to the deportation.