Can we get a family green card? 3 Answers as of March 23, 2011

I have a question my mom enter the US illegaly 15 years ago and now that I have became a us citizen, I want to know if I can help her to get her permanent residence card. I would like to know also if she would have to leave the country to apply for the green card. She is actually in the US.

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Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You can apply her but she has to go out of country for interview. Once she is out, she is inadmissible because of the illegal entrance. She will be barred for 10 years. You can apply for waiver to admission before she can come. Hiring a lawyer sounds necessary in your case for the waiver. Good luck!
Answer Applies to: Florida
Replied: 3/23/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If your mother entered the US legally and overstayed, you can probably file for her in the US without her leaving. If anyone ever filed any paperwork for her through an employer or family member, she may be able to file in the US under the law 245(i). Otherwise she would need to leave the US and then would be subject to a ten year bar to reentering the US, because she has been here for more than one year without permission. You really want to do a full consult with a competent immigration attorney because it requires an in depth conversation to determine if she is eligible!
Answer Applies to: California
Replied: 3/22/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Unless you mother is protected under 245(i), since she came into the U.S. illegally without inspection, then she cannot adjust her status in the U.S. She must apply for an immigrant visa outside the U.S. However, since she has been illegally in the US for 15 years if she leaves the U.S. she cannot come back without being granted a waiver due to her unlawful presence. Before considering departing the U.S. you or she should speak to an immigration attorney.
Answer Applies to: California
Replied: 3/22/2011
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