Can parents of US citizens obtain visas to come to the US? 5 Answers as of December 15, 2010

I am a US citizen, and I want the mother of my child to be able to come back to the US. She came here illegally initially but was deported, and I am raising our infant son by myself. We do not intend to marry, but I want her to be part of his life. Can she get a visa to live in the US for her son?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The unfortunate answer is no. The only way in which your son's mother can be reunited with his mother is if she first is able to obtain an i-212 permission to file to gain a waiver of inadmissibility to enter the United States. It has to be based upon a finding that there are no other reasons by which inadmissibility exists except that which you wish to be waived, that caused the deportation. If that is granted, then she can ask for a waiver, based upon hardship to her U.S. citizen child, not to her, which is governed by an I-601 form application for waiver of inadmissibility, followed by a consular interview at the appropriate consulate or embassy handling the lady's case. If you wish to discuss it further, then please call or e-mail me to arrange an in-person or phone consultation.
Answer Applies to: California
Replied: 12/15/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If she has satisfied the condition of her deportation order and has stayed outside the US for a requisite period of time, she may be able to get a visa to come to the US but if you are not legally married and she has no one else to petition for her, there is no way for her to enter the US other than as a visitor, which will likely be very difficult to do.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 11/30/2010
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Hi,

Since the mother of your son was deported, she will be subject to immigration bar. But you and she were not married, so she is not eligible for family-based immigration. However, since your son needs her mother to be here, it is possible to obtain a general waiver to the bar (to reentry).

You should consult an experienced immigration lawyer for specific strategy. You are more than welcome to contact us.

Good luck!
Answer Applies to: Florida
Replied: 11/23/2010
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
The mother of a United States Citizen can obtain a residence only if he is over 21 years old and files a petition on her behalf. You cannot petition for her if you are not married.
Answer Applies to: Florida
Replied: 11/19/2010
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
She may able to return with a waiver, depending on the reason why she was deported. But she can not get a visa solely because her son was born here in the US. She needs her own qualification, or an American spouse. (An American child can only file for his mom or dad once he/ she turns 21).
Answer Applies to: California
Replied: 11/19/2010
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