Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 2 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 22 minutes by:
6/5/2015
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,386
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
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?
Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 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.
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.
Ask Your Own Immigration Law Question
Was this answer helpful?
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,386
112,386 Satisfied Customers
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.

Guillermo Senmartin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

112,386 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
I have filed immigrant visa for my brother and family dec
i have filed immigrant visa for my brother and family dec 2012 TB(###) ###-####… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My wife has applied for an immigrant Visa. Her country of
My wife has applied for an immigrant Visa. Her country of nationality is Brazil but she is currently living in Uruguay and will have her interview in Montevideo. However, one of the required documents… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I'm thinking of applying for an immigration visa with my
I'm thinking of applying for an immigration visa with my Belgian passport, my aunt and uncles and grandma are us citizens, would I qualify under the family immigrant? … read more
Expert James
Expert James
Doctoral Degree
12,097 satisfied customers
I have been issued an immigrant visa and have entered the
Hi there! I have been issued an immigrant visa and have entered the United States. I want to know that is it 100% certain that the greencard will be mailed to me? What if my petitioner leaves the coun… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
My two brothers and a sister, after an immigrant visa
my two brothers and a sister, after an immigrant visa interview in Islamabad Pakistan, were given 221 G. They kept the passports but asked for dad's domicile. One of my brother receibved his passport … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
I petitioned for an immigration visa for my mother. It was
Hello,I petitioned for an immigration visa for my mother. It was approved and sent to NVC. I am now submitting civil documents. However, I found out that I cannot find the original copy of my birth ce… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
My step father included me in his DV lottery immigrant visa
My step father included me in his DV lottery immigrant visa application in 2005. He filled 1986 as my year of birth. 4 years later I came across another birth record of my with another birth year of 1… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
I am applying non immigrant visa now. And got some questions
Hello, I am applying non immigrant visa now. And got some questions to ask. … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
I have been issued an immigrant visa. However I will have to
Hey there! I have been issued an immigrant visa. However I will have to travel back to my home country for a few months after entering US. I want to know will my green card be abandoned if I am absent… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
I am an Italian citizen holding an immigrant visa to the US
Hello, my name is***** am an Italian citizen holding an immigrant visa to the US and I have a question regarding the process by which it is converted to a greencard. … read more
Expert James
Expert James
Doctoral Degree
12,097 satisfied customers
I came to the US on an Non immigrant Visa and married an
I came to the US on an Non immigrant Visa and married an american who left me here in Vegas and went to Boston, I have no address or information for his residence. He does not support me and has left … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
An immigrant visa is currently in process for my daughter.
Hi - An immigrant visa is currently in process for my daughter. The embassy has approved to expedite the case from NVC as my daughter is about (6 weeks) to age out - for becoming a US citizen, as she … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have to apply for immigration visa for my son's wife who
I have to apply for immigration visa for my son's wife who is in Pakistan. … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My wife was interviewed for an immigrant visa in Freetown,
My wife was interviewed for an immigrant visa in Freetown, Sierra Leone. The consul did not issue the visa, instead the case will be sent to USCIS for review. What do I do next? … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
I have recieved a CR1 immigration visa. I'm leaving tomorrow
Hi, I have recieved a CR1 immigration visa. I'm leaving tomorrow for New York, which will be my first entry to the US. I have a brown envelope with the "DO NOT OPEN" with the title "Immigration Data S… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,701 satisfied customers
Is it better to apply for my wifes immigration visa here in
Is it better to apply for my wifes immigration visa here in the states or in her home country Indonesia? … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
In the US on a non-immigrant visa, I married to someone
For Guillermo While in the US on a non-immigrant visa, I married to someone whose adjustment of status is pending, and his green card petition was based on EB-3. What are the steps to for me to become… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers
I petitioned for my sister for an immigrant visa and the
I petitioned for my sister for an immigrant visa and the petition was granted but she was told she has to wait for a visa to become available. The case is almost 10 years old and she is still waiting. The conditions of the her country are awful. Is there a way to expedite her case? … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
112,386 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x