Can I still petition for my mother who was deported? 7 Answers as of October 10, 2011

You will be able to petition for your mother. However, since she was deported it would also be necessary to file a waiver.

You can file a visa petition for your mother when you turn 21 if you are a US citizen. She will have to apply for an immigrant visa in her home country, and whether it will be granted depends upon the circumstances of her deportation and her immigration history.

You can petition for your mother once you are 21 years of age. Your mother will not only need an approved immigrant visa petition, but also an extreme hardship waiver for remaining in the United States for more than a year illegally and an application for re-admission. You should speak with an experienced immigration attorney about the matter as this is not a simple matter.

If she does not have a husband or parent US citizen or permanent resident, she will not qualify for a waiver and will need to stay outside US for 10 years.

Yes, you can but you better have a very good waiver prepared in order to present her case. I have to say that with such a fresh removal, I don't know if the Consular Officer will qualify her for a waiver submission. Normally a removed or deported person has to wait 10 years prior to re-applying, but in some cases you can still break that bar.

You can petition your mother if you are a US citizen but she will need waivers because of her deportation and unlawful presence. Those waivers are not easy to get. You consult with an experienced immigration attorney before you start the process.

Hello, it depends on a number of other factors. Someone can have only one deportation and request a wavier of that deportation from outside the US as long as there are no other bars to her immigrating. It is quite possible that she is ineligible to immigrate because of unlawful presence under INA 212(a)(9)(B). In order to qualify for a waiver on that ground she would need a qualifying relative who is either a parent or a husband with lawful status, and she would need to demonstrate that her inability to return would cause them extreme hardship. Hardship to a son or daughter does not qualify under the waiver of that ground of inadmissibility. You would have to speak with an immigration attorney to find out if there are other reasons why she might not be eligible to immigrate or if it is okay for you to petition for her.