How can I petition my undocumented mother for legal status without her leaving the U.S.?

Question

I am a U.S. citizen, recently naturalized through marriage, and seeking to petition my undocumented mother for legal status. She entered the U.S. in 1999, and my aunt had previously petitioned her on 10/31/2001. However, she was advised by a lawyer not to go to the Mexican border, as she wouldn't be allowed back. My mother has never faced legal proceedings, and any pending immigration applications seem to be closed. She left our home country due to safety threats, and all five of her children, including me, are in the U.S., along with her seven U.S. citizen grandchildren. An immigration attorney previously mentioned that there's no hardship since I am her daughter. We are anxious about her needing to leave the U.S. How can we apply for her to be pardoned while she remains in the U.S.?

James L. Arrasmith · Answer

Since you're a U.S. citizen and over 21, you can petition your mother, but her path depends on how she entered the U.S. If she entered without inspection, she normally can't adjust her status from within the country unless she qualifies for an exception. One potential option is through *245(i)*, which might apply because your aunt filed a petition for her before April 30, 2001. 
 
Because that petition was submitted on 10/31/2001, the key is whether your mother was physically present in the U.S. on December 21, 2000. If she was, she may be eligible to adjust her status under *245(i)*, even though the petition came after that date. You’d need proof of that physical presence and that the old petition was valid. That could allow her to stay in the U.S. while adjusting her status, without needing to leave the country. 
 
If *245(i)* doesn’t apply, the other route would likely involve a waiver and consular processing, but that comes with more risk since it usually requires leaving the U.S. You mentioned concerns about hardship and a prior attorney's comments, but extreme hardship can be argued if your mother’s removal would severely impact a qualifying relative—though for waivers, that relative must typically be a U.S. citizen spouse or parent, not a child. It’s complex and stressful, but with the right documentation, there may be a way forward without her having to leave.

Q: How can I petition my undocumented mother for legal status without her leaving the U.S.?