Legal Question in Immigration Law in California

Re: petition I 130 for Parent with unlawful presence.

Dear Inquirer:

Unlawful presence (UP) is only a problem if your mother departs the US. If you are a US Citizen, you can file for her adjustment of status in the US without her leaving and the period of UP is meaningless.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

Re: petition I 130 for Parent with unlawful presence.

If you're a U.S. citizen then yes you can and no she doesn't have to leave. Some people need assistance and others don't. If you were to call me I could tell if you need an attorney by the answers to a few questions. I represent clients nationwide, sometimes with assistance of local counsel when necessary.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Re: petition I 130 for Parent with unlawful presence.

This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. Any body in California can help you, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

Re: petition I 130 for Parent with unlawful presence.

You can petition your mother, but she may have to leave the country to get a green card, unless she has an immigrant petition that was previously filed for her before April 30, 2001. However, you should know that leaving the U.S. triggers a 10-year bar where a person overstays for 1 year or more.

If you'd like to discuss this further in confidence, please contact me at [email protected].

Note: The above response is provided for information only and should not be construed to create an attorney-client relationship, which can only be established through payment of consideration.