Crazy situation....

[domini loka 0]

Hi.... and thank u in advance for responses

My mother in all entered the US in Sept 1998 illegally, during this time she had a child, paid taxes and lives in govt housing. I don't really understand how myself, the problems begin now with the recently approved I-130

filled by her brother in 2003, this is now in the NVC awaiting a Visa availability which I'm estimating will take her into Feb or Mar '11. The question I have is will she qualify for the LIFE act being that she filed a petition in Aug '03? and can prove her stay in the US since '98? or does she have to return and get interviewed in her native country risking being banned for 3 to 10 years??

Thanks for reading and any answers.

[aleful 1,905]

Hi.... and thank u in advance for responses

My mother in all entered the US in Sept 1998 illegally, during this time she had a child, paid taxes and lives in govt housing. I don't really understand how myself, the problems begin now with the recently approved I-130

filled by her brother in 2003, this is now in the NVC awaiting a Visa availability which I'm estimating will take her into Feb or Mar '11. The question I have is will she qualify for the LIFE act being that she filed a petition in Aug '03? and can prove her stay in the US since '98? or does she have to return and get interviewed in her native country risking being banned for 3 to 10 years??

Thanks for reading and any answers.

no,

the 245i law closed on April 30th, 2001, the petition had to be filed by that date. if she leaves, she will have triggered the 10 year ban. her brother cannot file a waiver on her behalf.

[domini loka 0]

thank you that was my concern.