I130 Parent of US citizen penalty question

[alexdroopy1989 0]

Hello, I am a citizen of the US, my mother crossed illegally into the US, and had me in California. She then left a couple months after. All together she spent about 8 months in the US. She is scheduled for a visa interview October 30 in Juarez, would she be denied because she entered before? Or would they make her pay a fee, if so what fee or what waiver can i file.

[aleful 1,905]

how long was it ago?

if it has been more than 3 years, then she is fine, she will have to prove that she has been all those years in her country

[NigeriaorBust 4,087]

To be old enough to petition that must have been about 20 years ago so should not be an issue. The only other possible issue would be if she used public funds for the delivery, if they have records that far back but doubt that will be an issue either.

[alexdroopy1989 0]

how long was it ago?

if it has been more than 3 years, then she is fine, she will have to prove that she has been all those years in her country

It was about 23 years ago. She went in had me, and came back out in less than 9 months. It just didnt work out, shes been living in mexico for over 23 years

[newacct 688]

There should be no penalty, no fee, no need for a waiver for her entry and stay. In fact, she never had a ban at any point because it was before the ban existed.