Q: Hi my mom is Canadian citizen she overstayed since July 2017 due to helping Me with my newborn. At beginning we
Do not know as Canadian Only allow to stay for six months since there is no visa on the passport. After finding that out we also learned that she might not able to come back for 10 years if she leaves. So she stayed instead . surprisingly In 2018 she was able to renew her drivers license with no problem. Will she Be in trouble if she go to DMV to renew her license this year? She has no criminal record and not working either. is there a solution for our situation regarding the 10 years penalty. She does not have intention to immigrant here. But still want to have the freedoms to visit . And I am not a us citizen either.
A: If you have not already consulted with an experienced immigration attorney, you should likely do so. The 10-year penalty of which you speak is triggered upon departure. If you are a U.S. Citizen and if your mother has the intent to immigrate to the United States, there may be a way to legalize her status from within the United States such she could, after her status has been "fixed", depart the United States without triggering the 10-year unlawful presence bar to reentry. My recommendation is that your mother speak with an attorney. Some attorneys, like myself, offer online Skype consultations if the individual does not reside locally.
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