Legal Question in Immigration Law in California

I am a US citizen, married to my wife who is in the country illegally. She had a 10 year bar prior to entering again to live with me. We had a daughter born here since she has arrived. I know there is nothing that can be done for our situation until Obama hopefully passes some sort of reform, but my wife just found out yesterday that her mom, in Central America, has cancer. We are trying to see if there is some sort of medical visa, or something of the sorts to get her mom over here to get the required treatment. Her mom has applied for visas in the past, and has been denied. Also, in 2007, her mom tried to come across the border, using a false green card and was stopped. She was fingerprinted, and photographed and sent back within a couple hours. When she was stopped and questioned, she provided them a false name. I'm sure the fingerprints will ultimately be linked to her if she tries to re apply for a visa, but wanted to post the facts for the best possible answer.

I have a company, and could write a letter saying that I have the income to take care of her, and as well, she has her own money to show she could support herself. She could provide documentation to verify the diagnosis.

Please advise if there is any hope for her, as medical treatment here in the US, is of course better than her country.


Asked on 11/01/13, 11:00 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

As you are probably aware, if your wife leaves the U.S., she will be prohibited from re-entering, due to her accrual of illegal presence here.

It is highly unlikely that your mother in law will ever be issued a U.S. visa, based on her past fraud, & due to her illness, as she would likely become a public charge in the U.S.

You should get another opinion from an experienced & reputable immigration attorney, however, I do not see any productive options for either one of them.

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Answered on 11/04/13, 9:09 am


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