Charlotte, NC asked in Immigration Law for South Carolina

Q: My friend's mom got pulled over for driving without a license. Her mom came to this country illegally.

Her mom came here illegally. But she (16) and her brother (18) were born here legally. Her mom is facing charges of deportation but I know if you are 21 you can apply for your parents to get citizenship. Would there be any options (even green card marriage if necessary)

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2 Lawyer Answers
Elisha F Svosve
Elisha F Svosve
Answered
  • Immigration Law Lawyer
  • Frisco, TX

A: The answer to your question requires an analysis of more detail than you have provided. Your friend's mom needs to consult an immigration lawyer for an in-depth consultation.

Carl Shusterman agrees with this answer

Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: If you have been placed in removal proceedings and you have resided in the United States for a long period of time, you can apply for Cancellation of Removal for non-LPRs before an Immigration Judge if you satisfy each of the following conditions.

You have been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. (This requirement is not applicable if you have served a minimum of 24 months in the U.S. Armed Forces, were present in the U.S. during your enlistment or induction, and are either serving honorably or have received an honorable discharge.) “Continuous” means that you can not be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period.

You have been a person of good moral character for ten years;

You are not inadmissible under §212(a)(2) or (3) (criminal and security grounds) or deportable under §237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grounds).

Your removal would result in exceptional and extremely unusual hardship to your spouse, parent, or child, who is a citizen of the United States or a lawful permanent resident.

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