Can illegal mother be sponsored?

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vjfromgt

Registered Users (C)
My mother entered the US illegally 10 years ago
she never worked illegally
never petition for anything besides work permit

I am a Citizen
Can I sponsor her without her leaving the US ?

how?
 
Wrong forum

Just my humble advice. You might have a better luck getting the answer if you can post your question in the US citienship forum.
As far I see it, her chances are pretty slim because she would be barred from entering in US for ten years if she leaves which I'm sure she would have to do gain a lawful entry. I don't know if you'd have a strong enough reason to file for waiver. Please consult a lwayer or two.
Good luck.
 
when she first entered it was based on political asylum (status granted) which lasted for about the first 2 years and was not renewed since after ( conditions at origin country has changed)
 
Wait a minute

There is something wrong with this picture. Initially you said, she entered illegaly and now you are saying it was based on political asylum? First of all, no one enters as an asylee. You can enter as a refugee or ask for asylum at the port of entry but asylum status is never pre-approved and you cannot enter as an asylee.
Secondly, asylum status is not granted temporarily for a definite period. It is indefinite unless revoked by USCIS for a specific reason. So, you need to gather facts before asking questions so that we can respond in light of all the facts.
 
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Perhaps I have word it wrong
She entered illegally, few months after she heard that she can get a work permit based on political asylum which she tried.
Shortly after she was advised that her country does not qualify for political asylum any more due to change in regime.
 
Asylum is usually indefinite unless if he/she said something during the interview that triggers a 2years asylum approval.. Everyone i know so far is asylum granted indefinitely.
 
Looking at some things that went on,, it looks like she was granted a work permit based on a pending asylum case and the case has never been approved
sorry about the bits and pieces but the attorney is not really giving me much
 
My cousin entered the country illegally and married a USC. She has gotten EAD cards which she has to renew but they will not issue her a GC. Not the same kind of case but I hope that helps.
 
To answer your original question, current law harshly treats people who entered the country illegally. Your mom cannot secure a green card on the basis of her relationship to you because of her illegaly entry. The only escape hatch would be the 245(i) section, but based on the dates you have provided she does not qualify.

So she cannot receive a green card in the United States and if she leaves the country to apply for one at a U.S. embassy she is barred from coming back.
 
vjfromgt said:
Looking at some things that went on,, it looks like she was granted a work permit based on a pending asylum case and the case has never been approved
sorry about the bits and pieces but the attorney is not really giving me much
Click to expand...

Was the asylum case denied? Was she ordered deported?
 
Since asylum case is pending (in immigration court, I'd presume), wouldn't that mean that she's here legally?
 
It means she has no status or out of status so she is illegal until her case is approved..
 
Everybody is legal until the case approved or denied. In other words until they make any desicion
 
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