Is it possible to fix my mom’s status even if she was deported 6 months ago for overstaying?


Q: I will be 21 soon and would like to fix my mom’s papers. She had a work permit but she overstayed and eventually got deported. Can I file a petition for her?

A: Assuming you are US citizen, you can file I-130 visa petition for your mother after you turn 21. Then, depending on whether she was in fact deported by ICE, she may be barred from coming back for 5-10 years. If so, she will have to apply for waiver at the consulate at her immigrant visa interview. I suggest you contact an immigration lawyer to determine exactly her immigration history.