Q: My mom came here 26 years ago she has a clean record no crimes I support her I am 23 we have custody of my niece

A: You would need to provide more information for an attorney to be able to give you an accurate answer. And, as you will here many people say, you should contact an experienced immigration lawyer. Here is a list of immigration lawyers who have listed themselves on Justia (this website): https://www.justia.com/lawyers/immigration-naturalization/arizona/tucson

Here is some general information that may help clarify the terms. U.S. law imposes re-entry bars on immigrants who accrue “unlawful presence” in the United States, then leave the country, and want to re-enter lawfully. “Unlawful presence” is a term of art that is not defined in the statute or regulations. Generally speaking, an immigrant who enters the United States without inspection or who overstays a period of authorized admission (for example with a Visa) has an unlawful presence.

People who accrue more than 180 days, but less than one year, of unlawful presence are barred from being re-admitted or re-entering the United States for three years. Those people who accrue more than one year of unlawful presence are barred for ten years.

The important point is that it is not a "punishment" -- at least in the way most people think of the state as imposing punishments with jail time or fines through its criminal system.

With that said, an experienced immigration lawyer will be able to give your mother her options. Based on the very little facts you have provided, I am hopeful that an immigration lawyer will be able to give her good options. But I would definitely recommend you find a lawyer that you feel comfortable with, including his or her cost, and get his or her advice.