Q: I have a question about U.S immigration
If an immigrant mother has a child in the U.S and after several years returns to her home country (without the child) but cannot return to the United States because she stayed as an immigrant in the U.S for to long, can the child, that is a citizen, once they turn 18, bring back the mother to the U.S? If yes, then how?
A:
No, the U. S. Citizen Child can petition for their foreign born mother after the child reaches 21 years of age. However, the mother must prove that she is out of the U. S. for more than ten years at the time of the visa interview. Otherwise, proof of extreme hardship to a U. S. Citizen/permanent resident spouse or parent is usually required at a minimum. In some situations, the parent must remain outside the U. S. for the full ten years, because the child's hardship does not matter based upon the law. If they enter without a visa or fraudulently, then they violate a section of the law that can create a permanent ban on lawful immigration.
As a result, I strongly recommend an appointment or teleconference with a competent, ethical and experienced immigration attorney, before the situation has further complications. Good luck.
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