Carbondale, CO Immigration Law Firms & Lawyers

It is a multistep process which we would be happy to help you with. First you petition for your spouse after marriage. When the Petition is approved it is sent to the national Visa Center to collect forms and fees for the consulate, then case is sent to the consulate for medical exam and interview. I would anticipate 7-10 months if a clean case with no prior deportation and no criminal record.

I am sorry to give you bad news, but it is better for you to know than to trust someone who will promise you to get your mother back to the U.S. - just to take your money and then say "Sorry, Immigration did not give it to us." The law is clear: a person who was unlawfully present in the US for one year or longer, cannot be admitted into the US in any status for 10 years from the date of that person's departure or removal from the U.S. [Immigration & Nationality Act ?212(a)(9)(B)(i)(II)] This so-called 10-year bar can be waived by the Government, but only because of extreme hardship caused by the alien's absence to her U.S. spouse or parent, but not to her child, and if the alien has an immigrant visa available to her. [8 U.S.C. ?1182(a)(9)(B)(v)] I understand that all this is a bit dense, so, in fewer words, your mother cannot immigrate into the U.S. unless she has a U.S. citizen (or permanent resident) husband or parent who, for some reason, suffers badly because of her not being here; a suffering kid does not count (sounds weird, I agree, but that's the immigration law). The only possible way for your mother to come to the U.S. is as a temporary visitor - if she can convince the U.S. consul to write a recommendation that your mother should be given a waiver, and if Attorney General of the U.S. agrees. Alternatively, the 10-year bar can be waived if someone in the U.S. convinces the Secretary of State of the United States to write a recommendation, and if Attorney General agrees to issue a waiver. Either way, this is called a waiver under Section 212(d)(3)(A) of Immigration & Nationality Act. Chances of getting this waiver are very, very small; but, if your mother decides to try, call or e-mail me and I will explain how it can be done (no charge).

If your sister's petition has been approved, check online to see how long your parents need to wait to apply for an immigrant visa. When their number comes up, the National Visa Center should contact your sister with instructions.