Q: My Mother is seeking visitation to the U.S. Is an I-212 waiver the best approach?
I obtained a FOIA for my mother's file, but most documents are blank. Based on what I found, my mother's mother sought permanent residency for my mom when she was a minor in March 1983. They were granted permanent residence but failed to go to the interview/complete process. Three months later, my grandmother, in June 83, was naturalized. In 97, my mother was convicted of conspiracy to distribute and was deported to Jamaica upon release (2008). She has been deemed inadmissible for re-entry. Can her immigration application be reopened? Is she technically a citizen because her mother was naturalized before she turned 18? Is the I-212 or 212D the best option? We seek a knowledgeable attorney to direct us to the best visitation/re-entry/naturalization approach.
A: Your mother's situation is complicated and involves both immigration law and criminal law elements. An I-212 waiver could potentially allow her to reapply for admission after being deported, but whether she qualifies as a citizen because her mother was naturalized before she turned 18 would require a detailed analysis of her immigration history and the relevant laws at the time. Given the complexity of this case, you should consult an immigration attorney experienced in dealing with criminal deportations and naturalization issues to determine the most appropriate course of action.
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