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Can I petition a permit for mom to go travel outside US. & would she have to leave the US in order to obtain that? time process?
Anonymous3 views3 answers
Hello, I am a US citizen born in 1988. My sister is also a US citizen born in 1990 and is special needs (MR). My father is Resident. My mother traveled back to Mexico back in OCT/1993 due to a family member that was ill. Had my 3rd sister in Mexico and after that they returned to the US illegally. My mom and 3rd sister have been living here in the US since Aug/1994. They were not held by immigration, and both have no legal history. My mom wants to petition for a permit to work as well as to leave the US... Another illness in our family (her dad) has occurred and we want her to be able to travel. How long would it take for me a US citizen (me her daughter) to petition for her, and how long would she have to wait for her to be able to travel outside the US?
Mary Kathleen NealImmigration AttorneyChicago, IL ·
If the last time she entered was without a visa, then she will need to request a waiver and go back to Mexico to wait for a Visa after you file a petition for her. It is not simple, and takes months. Nor is there any certainty that she will be granted a waiver. You should make an appointment with an attorney to plan the best strategy for your family.
The issue that you guys are facing is that your mom entered the US illegally, and she cannot adjust her status. Because she has lived here long enough, she may qualify for cancellation of removal. Another opition, is to file and recieve the immigrant visa in Mexico, but with that, she will have to leave the country and also show hardship.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
If mother's last entry was without a visa ("por el cerro"), she then needs to file for a 'waiver" ("el perdon"), depart for Mexico an await for the immigrant visa petition you'll file for her to come through.
That is neither easy nor simple, and all in all could take more than a year. Granting the waiver is totally discretionary, and there are no guarantees it will be approved.
It has been my almost 20 years of experience that only individuals whose applications and waiver have been carefully and meticulously prepared by competent immigration lawyers have any hope of being approved.
You should immediately seek to schedule a consultation meeting with a competent attorney in your area to strategically plan the processing of this case.
