Carle Place, NY Immigration Law Firms & Lawyers

You can apply to remove the conditions, but you will have the burden of proving the marriage was entered into in good faith and that the divorce is valid. I recommend retaining an attorney to help with the petition. While you will pay some money to an attorney, if remaining in the U.S. is important to you, it is worth the money. Many people who try to remove conditions in your circumstances without assistance have the petition denied and wind up in removal proceedings. They then hire an attorney and it costs more and has less chance of success. Call me for a consultation at no charge.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. You can petition her as an immediate relative, but she will most likely need a waiver as a result of the overstay. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your mother's situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.