Q: My mom came here with a tourist Visa and overstayed. She has been in Mexico for 10 yrs can I put in an I130?

A: -If you are a U.S. citizen, you can file the FORM I-130 on behalf of your mother.

-If your mother was subject to the 10 year bar and has been in Mexico for the past 10 years then she will not need to apply for a waiver for the unlawful presence.

-I do not recommend that your mother apply for a non-immigrant B-1/B-2 visa and then attempt to enter the U.S. for purposes of adjusting status.

A: If your mother has immigrant intent for the purposes of her visit, then she is disqualified from seeking a B-2 tourist visa.

You will likely have to petition her while she waits in Mexico without further information. The process can get complicated, so I strongly recommend an appointment with a competent and experienced immigration attorney before there are any complications.

The above is general information, not legal advice, and does not create an attorney client relationship.

A: Yes if you are a US citizen over the age of 21, you can sponsor your mother for her green card. She should process at the US consulate in Mexico and I strongly recommend you retain counsel to handle the case from start to finish. Some of us charge a very affordable flat fee to handle a case from beginning to end, and you can retain counsel in any state. Good luck

A: That’s tricky. It might be easy, but if your mother comes to the US on a tourist visa knowing that she plans to immigration, that can be considered visa fraud. The safest thing to do is start with the petition then have her apply for an immigrant visa. Because she did accrue unlawful presence the last time she was here, you would do well to consult with an immigration attorney.