Can I get a green card for my mom? 3 Answers as of June 01, 2011

I am currently 20 years old. I was looking forward to filing for my mom when I turned 21. She came into the US illegally in 1990 and has never left, been convicted of a crime, or been deported etc she has a clean record. She does have 6 kids 5 of them US citizens and throughout those 21 years of being here she has had Medicaid for birth purposes for her. All of her children have had Medicaid, food stamps from time to time. My father is a LPR since 1986 but he never filed her or my older sibling due to lack of information. There wasn’t enough money he just kept putting it off and off. We have heard that it is easier and faster for my father to file her, rather than me. They did say that she is not protected under the 245 because she was not filed prior to the date therefore her interview would be in cd. Juarez. I want to know if there is anything that could be done for her interview to be here and not over there and what the chances of her obtaining a green card are.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I think her chances of obtaining a green card are pretty good. It may be that she will have to go to Cd. Juarez, I am not fully convinced that she will though. I will need to find out how your Dad got his LPR status. If it was through the 1986 Legalization Act (Amnesty), then your Mom may just be protected under 245(i). If your Mom and Dad are still married, then there can be other avenues that can be explored. To be sure, the most common way and most economical way of doing it is through Cd. Juarez if she is not 245(i) protected. Good luck!
Answer Applies to: California
Replied: 6/1/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
She will have to go through consular processing with a waiver under 212a9B for her unlawful presence in the United States.
Answer Applies to: Texas
Replied: 5/27/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
If she is not 245i eligible she will have to leave the country to apply for her green card. Upon leaving she will have a 10 year bar to returning, however, there is a waiver to that bar she may qualify for. You need to speak with and retain an immigration attorney.
Answer Applies to: New York
Replied: 5/26/2011
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