How do I petition my mother to become an American citizen? 12 Answers as of September 28, 2013

I am the 23 year old daughter of an undocumented immigrant from Mexico. I want my mother to either become an American citizen or get her green card so we can stop being afraid she will get deported and perhaps start working so that she can qualify for basic things like medical/dental and life insurance. What are the first steps into making this a realization? Please help this would be a dream come true.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The process begins with two questions: 1) has anyone else ever filed a petition for her before?; and 2) are there any children at home in her care? If so, she may either be subject to a section 245(i) application or a Form I-601 waiver option. At any rate, it begins with your I-130 petition for alien relative.
Answer Applies to: California
Replied: 9/28/2013
Law Office of David Molot | David Molot
Your first step would be to file an immigrant visa petition on her behalf. Then you need to consult with an attorney to determine her future eligibility to adjust her status to that of a Lawful Permanent Resident.
Answer Applies to: New York
Replied: 9/25/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You would need to file an immigrant visa petition on behalf of your mother. However, there simply is not enough information to assess whether she would be eligible to seek a green card in the U.S. or would otherwise qualify for the provisional waiver.
Answer Applies to: New York
Replied: 9/25/2013
Law Offices of Linda Rose Fessler | Linda Fessler
The first thing is for her to leave the country. Then when you apply for her, the visa will not take very long at all. (This is all based on the fact that she has never been caught at the border or anywhere else. If she has, you had better forget about the whole thing, because she might be subject to a 10 year ban.) But once she legally gets back into the country, do not count on her getting any benefits. You will be responsible for her support.
Answer Applies to: California
Replied: 9/25/2013
Alena Shautsova
Alena Shautsova | Alena Shautsova
If you are a citizen, you can do it. The question will be what waivers/ other documents you need to submit.
Answer Applies to: New York
Replied: 9/25/2013
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    You need to speak to an experienced immigration attorney to determine if your mother can apply for status here in the U.S. or if she needs to return to Mexico. You can file a petition on her behalf easily but that does not mean that she can adjust status here.
    Answer Applies to: Virginia
    Replied: 9/25/2013
    Preston & Brar, LLC | Jesse Brar
    As a U.S. citizen you can file an immigration relative petition for your mother. However, for your mom to be eligible to file an application for "Adjustment of Status" (Green card) in the United States, she would have to show that there was a petition (either filed by a relative or an employer) on or before April 30, 2001. If your mother doesn't have a prior petition which was filed for her or someone else and she was a derivative beneficiary (for example, if a petition was filed for her parents, etc.), then your mom would have to do "consular processing", which means that she would have to leave the U.S. for her immigrant visa interview (which would be done in Mexico). However, since your mom has been in the U.S. and has more than one year of "illegal presence", she would trigger the 10-year bar to reentry into the U.S., once she leaves the U.S. That is, if she leaves the U.S. she would be barred from reentry into the U.S. for 10 years (as a penalty for being in the U.S. illegally for more than 1 year). Usually, a person can file an application for waiver of the 10-year bar to reentry, if the person can show that the 10-year bar would cause "extreme and unusual" hardship to a "qualifying U.S. citizen or Permanent Resident relative." The qualifying relative under immigration law is a U.S. citizen or resident spouse or parent, but not a child. Since children are not considered "qualifying relatives", so your mom wouldn't be able to file a waiver application based on hardship to you. So at this point you should file the petition for your mom, but because she cannot file an application for Greencard and unless she has a qualifying relative, she cannot file an application for waiver of the 10-year bar, she should wait and see if the Immigration Reform passes. But, make sure she does not leave the U.S. because if she leaves the U.S., she would trigger the 10-year bar and without the waiver, she would not be able to return to the U.S.
    Answer Applies to: Utah
    Replied: 9/25/2013
    Immigration Law Offices, LLP
    Immigration Law Offices, LLP | Fakhrudeen Hussain
    If you are a US citizen, you can petition for your mother. If you mother entered the US with a visa you can file the Green Card application along with the petition. If she entered illegally and nobody has filed a petition for before 04/31/2001, then after the petition is approved, she will have to file a waiver for her unlawful presence and then if that is approved she will have to go back to her country and come back with a immigrant visa.
    Answer Applies to: California
    Replied: 9/25/2013
    Law Office of Eric Fisher | Eric Fisher
    You should file an I-130 visa petition with the supporting documents listed on the instructions. If your mother entered the US with a visa, she can apply for lawful permanent residency at the same time. If she entered without inspection, she should consult an immigration attorney for a more detailed analysis.
    Answer Applies to: Colorado
    Replied: 9/25/2013
    Vladimir Parizher
    Vladimir Parizher | Vladimir Parizher
    You must petition for her on I-130 form. That is the start. You must assemble certain documents to support this petition. You can go on-line USCIS site and read about what documents you need to present. Then, you need to file some other forms to adjust her status and you need to file an affidavit of support to show you have certain income to support your mother. You have to start this process and then deal with the problems (i.e. your mom lives here undocumented) as they come.
    Answer Applies to: California
    Replied: 9/25/2013
    Coane and Associates
    Coane and Associates | Bruce Coane
    Generally, the starting point is to file an I-130. if she entered legally, you might also be able to have her file an I-485.
    Answer Applies to: Texas
    Replied: 9/25/2013
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