Q: My mother is an Immigrant for 20+years and I want to know if there is anything she can do to become legal.
Hi, Ive had this question for a long time. My mother is a Mexican immigrant . She came here over 20 years ago and had me. My father is legal but they didnt work out. My mom has been dating someone else for the longest time now, around 6 years and Im curious to know if she can get married, if she can, does she become legal in the US? I heard of something about her having to leave the states for a period of time because shes been here for so long. But Ive just always wanted to know if there was any help for her?
A: Did your mother enter the US legally with a visa? Is her boyfriend an American citizen?
A: If she entered with a visitor's visa or border crossing card or some other type of valid status, then she can adjust status through you when she turns 21. Otherwise, even if you were to petitioner for her (when you turn 21), she's going to need a waiver for unlawful presence and you're not a qualifying relative (even though you can be the petitioner). If she marries a US citizen, then he can both petition for her and be her qualifying relative. If you do the adjustment of status process (only available if she entered with inspection and in some limited other circumstances), your grand total for all government filing fees and legal fees will be more or less half what they will be if she needs to do the waiver process. The waiver process involves a trip out of the US. The adjustment of status process does not. I specialize in these waivers of inadmissibility, though I also do adjustment of status cases. I would need to ask you a bunch more questions to make a final determination of what your options are.
A: Sorry. When you turn 21, not when she turns 21. This platform doesn't give me a way to correct minor errors.
A:
You can file a visa petition for her. If she marries a USC or LPR, then that person can petition her as well, and she can also claim a hardship waiver through that person.
She will likely have to leave the US for a couple of weeks.
For more information regarding her specific circumstances, she should consult with an immigration attorney.
A:
As you can read, the process is a bit more complicated than just marriage. In fact, some may be eventually found disqualified, even if married in good faith to a U. S. citizen.
As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck.
The above is general information, not legal advice, and does not create an attorney client relationship.
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