Thousand Oaks, CA Immigration Law Firms & Lawyers

As a general rule, a person who entered the U.S. illegally and stayed here for over a year is inadmissible for 10 years (which means, roughly, that that person cannot get any legal status in the U.S. until she spends 10 years outside of the U.S.). There is, however, a waiver - if the person in question has a U.S. citizen spouse, and the spouse would suffer an extreme hardship because of the separation, the Attorney General of the United States can waive the 10 years inadmissibility. Recently, the Government changed the procedure of getting this waiver: now, your father can file an application while your mother is in the U.S., and wait for an approval; if the application gets approved, your mother would have to go back to her country and be interviewed at the U.S. Consulate there. As a result, she would not have to be out of the U.S. longer than a few weeks, and will come back with a green card. Approval or denial of the waiver application will depend, in large part, on how well the application is prepared and supported. I would say your parents need to retain a good immigration attorney.

If you came here with a visa, and are now married to a US citizen, you should be able to adjust (get your paper without leaving the US). I do not know whether you are "admissible" because I do not have much information (Example: Any immigration history, previous deportation, previous fraud?). Please speak to an attorney who can make sure you are admissible. Most likely, you do not have to return to Mexico.

If she enters the US on VW program,you and she must file the paper work as soon as possible because if her90 days expire her application may be denied by the USCIS. If she comes in with a B/1/B2 visa, it would be better. Just file the application and wait for the interview.