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  1. #1
    Join Date
    Mar 2005
    Posts
    2

    Default Can I get My Mother Back

    My mother came illegally to the United States, a year later she gave birth to me in san diego so I am a legal resident. she had never had any type of criminal record, just a hard working person but she was deported after 20 years of being in the united states for being illigal. Now she recieved a ten year penalty. is there any way that i can minimize that and have her back sooner?

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Exceptions to Exclusion

    The exceptions to the three and ten year bars are set forth in INA section 212(a)(9)(B)(iii):
    Quote Quoting INA section 212(a)(9)(B)(iii)
    (iii) Exceptions.-

    (I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

    (II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.

    (III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 14/ shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

    (IV) Battered women and children.-Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if "violation of the terms of the alien's nonimmigrant visa" were substituted for "unlawful entry into the United States" in subclause (III) of that paragraph.

  3. #3
    Join Date
    Mar 2005
    Posts
    2

    Default

    well my mother has already been out of the country for about seven months because she losst her case. is there any way that her 10 year penalty be lowered or can she re-file for the abused spose?

  4. #4
    Join Date
    Sep 2004
    Posts
    758

    Default Challenging Exclusion

    Your mother would be best served by consulting with an immigration lawyer, who can examine the status of her case and evaluate her specific circumstances within the context of the law.

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