Legal Question in Immigration Law in Florida

I am a US citizen and want to submit a petition for my mom, she came to USA with a visa but stayed illegaly for almost 5 years, then she voluntarily returned to my country and has been there for the last five years. Will this affect her application? If so, please, advice me how to proceed in this case.

Best Regards,

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Asked on 10/17/10, 4:20 pm

2 Answers from Attorneys

Charles Medina Law Office of Charles Medina

Since your mom overstayed for 5 years, she is subject to 10-year bar. It means she is not allowed to enter the US within 10 years (from the time she left). You may file an immigrant petition for her but she needs an approved I-601 to enter the US if the 10-year bar still applies.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 10/22/10, 4:37 pm
Luba Smal Smal Immigration Law Office

Yes, this long "overstay" made her inadmissible for 10 years (starting from the date when she departed the USA).

She will either have to wait until this period of inadmissibility is over or submit an extreme hardship waiver, form I-601, and have it approved.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 10/22/10, 5:52 pm


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