Can Irequest that my illegal mother be here with me in the US if I’m underage and don’t have a legal guardian?

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Can Irequest that my illegal mother be here with me in the US if I’m underage and don’t have a legal guardian?

I’m living in the US but I do not have legal guardians.

Asked on February 18, 2012 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are in the US lawfully, you have to be 21 before you can petition for your parent's lawful status.  However, if your mother entered the US unlawfully, even once you are 21 and petition for her, she will not be eligible to adjust status within the US; she would have to go for consular processing in her home country but by leaving the US she will trigger an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse.


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