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Sorry to hear the situation. We all hope everything will work out. Please contact Immigration Attorney with specialization in Defensive Asylum/Removal. We all pray for your family union the the earliest.
Here's the process, mom may have to undergo:
Asylum-Seekers and Expedited Removal
Any person subject to expedited removal
who raises a claim for asylum - or expresses fear of removal - will
be given the opportunity to explain his or her fears to an Asylum
Officer. Recognizing that some refugees may be hesitant to come
forward with a request for protection at the time of arrival,
immigration policy and procedures require Inspectors to ask each
individual who may be subject to expedited removal the following series
of "protection questions" to identify anyone who is afraid of return:
- Why did you leave your home country or country of last residence?
- Do you have any fear or concern about being returned to your home country or being removed from the United States?
- Would you be harmed if you were returned to your home country or country of last residence?
- Do you have any questions or is there anything else you would like to add?
If the individual expresses a fear of
return, the individual is detained and given an interview by an Asylum
Officer. The role of the Asylum Officer is as an Asylum Pre-Screening
Officer (APSO) who interviews the person to determine if he or she has
a credible fear of persecution or torture. This is a standard that is broader -- and the burden of proof easier to meet -- than the well-founded fear of persecution
standard needed to obtain asylum. Those found to have a "credible
fear" are referred to an Immigration Judge to hear and then judge their
asylum claims. This places the asylum seeker on the "defensive" path
to asylum. Most individuals who are found to have a credible fear of
these are almost immediately released to relatives or community groups,
or on their own recognizance. However, some are not released, and
instead are detained while their asylum claims are pending with the
Immigration Judge.