Q: i'm a US Citizen and want to bring my mother to USA.
i will become US citizen on February 2016 and want to bring my mother from Peru. Issue: she was in USA from 2001 as a tourist visa and overstayed until 2011, she just left the country. (not deported or anything). will there be an issue now that she will apply for a residence. she filed her tax returns all the years and never had any problems with the law.
A: She accrued over 1 year of unlawful presence then departed the U.S. This makes her subject to the 10 year bar. You can file the I-130, but retain counsel as a waiver must be filed before the green card is filed. Hopefully, she qualifies for 245i.
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