Can I sponsor my mother for a green card? 3 Answers as of April 27, 2011

My mom went to Canada with a visa. she crossed the border and came over in 2000. I am a us citizen. Can I sponsor her, and could she get her interview here without going home?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You can most certainly petition for your mother, but she, if I'm assuming correctly that you meant to say she came over to the US with a legal visa and overstayed, she will likely be held inadmissible, and ineligible to apply for adjustment of status (green card application inside the USA). She will be told to do consular processing, but that will not work, crossing over will subject her to a 10 year ban, just for crossing over for her interview. She needs to apply for adjustment of status, and combine it with an application for waiver of admissibility for hardship. If you wish to have the assistance of an attorney, feel free to contact me, by e-mail or phone, for a consultation, either in person or by phone.
Answer Applies to: California
Replied: 4/27/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You can always sponsor her but without a US visa or a prior application or labor certification filed for her before April 30, 2001 (or receipt date up to May 3, 2001), she will have to leave the US and get her visa outside the US . . . with an I-601 waiver in connection with her unlawful presence. I know it sounds harsh but that is the law. However, book a face-to-face consult with competent counsel to see if there are more options. I can think of a few. Good luck!
Answer Applies to: California
Replied: 4/22/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you mother legally entered the U.S. and was admitted and inspected, and is currently in the US she is eligible for adjustment of status in the U.S. From your email I cannot determine it this the case. If you mean that she had a visa to enter Canada, and they from Canada she illegally crossed over the border, then she is not eligible for adjustment of status unless protected under Section 245(i).
Answer Applies to: California
Replied: 4/22/2011
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