Texarkana, TX asked in Immigration Law for Texas

Q: Immigration question: Mother is out of US, I am in US. She was deported almost 10 years ago in 2011. Details below.

My mother was deported to Venezuela in 2011 voluntarily; they gave her a ten year bar. I went with her because I was a minor, but because of the humanitarian crisis she sent me away five years ago at 17. The stress from the crisis and separation has left me looking for as much help as I can get, because I am an only child. I am currently age 22 (US Citizen) and am looking for legal advice or help on what to do. Are there forms I can fill out to get her here before her ten years are up? Does she have to wait it out? What forms can I file if that is the case? What is the best possible course of action I can take for her? Her safety and our reunion is my priority.

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1 Lawyer Answer
Jered Dobbs
Jered Dobbs
  • Immigration Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Unfortunately the 10 year bar can only be waived (form I-601) if your mother herself has a spouse or parent that is a US citizen or permanent resident. However, in the interest of ensuring she gets to the US as soon as possible, I recommend that you go ahead and file an I-130 for her now. The I-130 petition takes between 6 months and a year to be approved, and you don't have to wait until she completes her 10 year bar to file it. So that's 6-12 months of waiting time you can save in the future by filing the I-130 now.

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