Glendale Heights, IL asked in Immigration Law for Illinois

Q: I would like to know the process of obtaining green card for my mom who has been living in the U.S for most of her life

I would like to obtain a green card for my mom who is currently living in the US. I am 25 and married. My mother has been in the US for more than a little more than 26 years. I would like to know the process and the possibilities of getting her a green card.

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2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: Are you a US citizen? If so, then you may have a case. Discuss with counsel.

Drew Elesh
Drew Elesh
PREMIUM
Answered
  • Immigration Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Your mother may have entered the USA without inspection (ewi). If she did she will need a waiver.

To get the waiver approved she would need a qualifying relative such as USC spouse or LPR spouse or

Lawful permanent resident (LPR)/ U.S. citizen parent. So you would not be the qualifying relative for purposes of

the waiver.

So if she entered ewi it is insufficient to have a U.S. citizen son or daughter apply with form I-130. In addition

she would need a qualifying relative as explained in the above paragraph. You can make an appointment so

we can explain more details of the waiver process and the legal standard we must prove to USCIS to get the waiver granted. That is known as extreme hardship to the qualifying relative such as a parent or spouse.

Otherwise she would need a child in the U.S. military (military parole) or a U visa (victim of a qualifying crime).

If she was a victim of a serious crime we would need the police report to start the process with law enforcement.

Thank you.

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