Can I adjust status for my undocumented mother- she had an EWI in 1993 & 1996

[MexicanRDH]

Hi,
I will become a citizen this year.
My mom came to the US illegally in 1993, got caught once, gave her name but no fingerprints were taken, left to Mexico in 1995 and got me. We both came in EWI in 1996 - didn't get caught.
She has not left ever since. My fear is that if I petition for her, they will ban her from the country.
She's in her 70s now. Is there any way that I can petition and have her get her green card here?

Thanks in Advance.

[newacct]

There's no easy way. She is not eligible for Adjustment of Status because she entered illegally. But if she does Consular Processing abroad, she would trigger a 10-year ban for having accrued more than 1 year of unlawful presence and leaving the US. An immigrant waiver for this ban is only possible if she can show that her US citizen or permanent resident spouse or parent would suffer extreme hardship if she can't be in the US.

Was she ever the beneficiary of an immigrant petition filed before 2001? Are you or any other of her immediate family a member of the US military? What is the status of your father?

[MexicanRDH]

There's no easy way. She is not eligible for Adjustment of Status because she entered illegally. But if she does Consular Processing abroad, she would trigger a 10-year ban for having accrued more than 1 year of unlawful presence and leaving the US. An immigrant waiver for this ban is only possible if she can show that her US citizen or permanent resident spouse or parent would suffer extreme hardship if she can't be in the US.

Was she ever the beneficiary of an immigrant petition filed before 2001? Are you or any other of her immediate family a member of the US military? What is the status of your father?

This is very unfortunate . No one has ever petition for her. I'm not part of the US military nor any of my siblings (also undocumented). My father passed in Mexico, never came to the US.
My mom has no other way of getting a green card but through me. Honestly, I don't know how to demonstrate extreme hardship if she can't be here. She's been taking care of my kids since they were born, they are now 4,6 and 1 on the way. My husband is US Citizen, born and raised, does not speak Spanish, has a stable job. I feel like I'm just rambling, I don't know if because she helps us here at the house that could be considered extreme, it really doesn't sound like it would help. I would hate for my mom to be stranded in Mexico. None of us are going back and I'd hate to be away from her.

Thank you so much for replying!

[newacct]

Assuming she has no spouse, and none of her parents are US citizens or permanent residents, your mom can't qualify for an immigrant waiver for this ban. Hardship to you (her child) or your husband don't count.

I don't know what to tell you. The only ways I can see are: 1) if you could join the US military then you could try to apply for Parole-in-Place (PiP) for her; 2) she remarries (in a genuine marriage) and the new spouse is a US citizen or permanent resident or will become a permanent resident and she can try for a waiver on the basis of hardship to that spouse; or 3) she waits abroad for 10 years.

[MexicanRDH]

Assuming she has no spouse, and none of her parents are US citizens or permanent residents, your mom can't qualify for an immigrant waiver for this ban. Hardship to you (her child) or your husband don't count.

I don't know what to tell you. The only ways I can see are: 1) if you could join the US military then you could try to apply for Parole-in-Place (PiP) for her; 2) she remarries (in a genuine marriage) and the new spouse is a US citizen or permanent resident or will become a permanent resident and she can try for a waiver on the basis of hardship to that spouse; or 3) she waits abroad for 10 years.

Yikes! Definitely I won't be joining the military . She's too old to be 10 years on her own in Mexico. I guess, she better fall in love or just stay like this then.

Thank you for your response again!