How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107645
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

I am a Permanent Resident, soon to be a US Citizen. My brother

Customer Question

I am a Permanent Resident, soon to be a US Citizen. My brother is a US Citizen. Last year my mother, 90 years old, visited us with a valid B2 Visa, after her overseas house was burned and consequently suffering a Post-Traumatic Stress Disorder. When we arrived at the US Airport, the US Immigration officer stated the admission date, but left blank the date she would have to return.
We presumed this was due to her age (90), and our Citizenship status, and did not consider she would be overstaying, if she stayed with us for 10 months, instead of 6. She overstayed for 4 months, and left the country a year ago.
Her health has now deteriorated and we'd like to bring her back to the States. We just found out that the I-94 Forms are found online, and just saw that she should have left the country within 6 months.
It is my fault, and not my mother's. Please advise what steps need to be taken, based on (1) her age and PTSD symptoms, and (2) the fact that our country (Greece) now suffers severe socioeconomic turmoil.
Thanking you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
I am sorry for the situation you are having. She would have to apply for a new B-2 tourist visa and she has no 3 year or 10 year bar since she only overstayed 4 months. However, your intention is that she immigrate, correct?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.
If your intention is that she immigrate, then your brother (or you when you become a U.S. Citizen) would apply for her by filing an I-130. The process will probably take around a year or so. You can try to have the case expedited by showing the medical urgency, etc. Here is a link on information about expediting the case:
http://www.uscis.gov/forms/expedite-criteria
And here is a link to the process of immigrating:
http://travel.state.gov/content/visas/english/immigrate/family/family-preference.html
If she tried to apply for a B-2 tourist visa, it would most likely be denied because she overstayed once before, but the immigrant visa should be approved since she did not overstay more than 180 days.
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, “To finish…” I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.