Legal Question in Immigration Law in New York

I'm a US citizen wanting to sponsor my mother. She is here illegally. She first came from Italy in 1994 with a B1 visa I believe (she could stay 6 months). She had family here so she stayed longer. She went back to visit Italy in oct. 2001 and returned to New York in Dec. 2001. They let her in without questions (there were other worries back then with terrorism).

Can I sponsor her without her leaving the US? If not, what is the procedure in this case? Thank you.


Asked on 4/30/10, 9:26 pm

1 Answer from Attorneys
Alexander Tsiring The Tsiring Law Firm, P.C.

as a U.S. Citizen, you may sponsor your mother even if she is out of status. However, you should be careful because since she left US after she overstayed her visa, she might be subject to 10 year bar, that preclude her from adjustment of status for 10 years. If that the case, she will have to file hardship waiver.

You should consult an immigration attorney before filing any papers.

If you have any questions - you can contact our firm.

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Answered on 5/06/10, 6:34 am


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