Citizen applying mother who lived in the US with an overstayed Visa.

[Jufro05 0]

Background:

I recently became a US citizen and I would like to apply my mother. She lived here in the US from 1996 and left in 2008 at her own will (not deported). She moved back to Costa Rica and has been living there for 7 years now.

Consultation with attorney:

I consulted with an immigration attorney and he said that she cannot apply until 2018 because there's a 10 year ban. In addition, he mention that a waiver would not apply (even if there's extreme hardship) because it only applies to son/daughter or spouses of citizens.

Question:

I would like to know if that's actually correct or if there are any other possibilities of bringing my mother back to the US?

Your input would be greatly appreciated.

Edited September 26, 2015 by Jufro05

[Hypnos 6,578]

The attorney is correct.

Your mother has a ten year bar from the US under INA 212(a)(9)(B) because she overstayed her visa. The bar was triggered the day she left the US. For example, if she departed on 1st April 2008 then she is barred from entering (or receiving any kind of visa) until 1st April 2018.

As you say, there is a waiver available but the qualifying US citizen or LPR relative must be either a parent or a spouse, not a child as in your case. Since there is no qualifying relative then a waiver cannot be filed, and so the bar must be served.

The good news is that you can begin the process around a year before her bar will expire, since that's around the time it will take for her I-130 to be approved. You can then schedule her interview to be after the bar has expired, and she should have no further issue in obtaining her visa.

The only way she doesn't have a bar is if she remained in the US in a "D/S" status (as seen on her I-94), which typically means an F-1 visa. In what status did she enter the US and overstay?

Edited September 26, 2015 by Hypnos

[Boiler 46,158]

Is there a spouse parent who can be the QR?

[Jufro05 0]

Thank you so much for your response Hypnos. She came in with a tourist VISA (B-2 if I'm not mistaken). We have waited 7 years, I'm sure we can wait a couple more to start the process.

Edited September 26, 2015 by Jufro05

[Jufro05 0]

Is there a spouse parent who can be the QR?

No Boiler. Just me(son) and my aunt.

[Boiler 46,158]

Wait it is then.