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

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I am a Permanent Resident...
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: 3 years ago.Category: Immigration Law
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Answered in 22 minutes by:
6/5/2015
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,839
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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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?
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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years 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.
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