Although the decision is within the AG's discretion as pointed out by Bigbelly, I feel she has a very tough case.
First, she doesn't fit into any visa categories, both immigrant or non-immigrant, to apply for a visa to get into US. She must turn herself in to the Immigration Authority, which will automatically put her in the removal proceeding. Then she raises the extreme hardship as the basis for her waiver of removal.
Second, her chances to succeed are not high at all. Allowing mothers of young babies who are US citizens to get admission into US will encourage illegal immigrants to cross the line and have their babies born in US, then get admission into US based on their babies' citizenship. This is the major reason that immigration law only allows US citizens over 21 to be eligible to petition their parents' immigration.
First, she doesn't fit into any visa categories, both immigrant or non-immigrant, to apply for a visa to get into US. She must turn herself in to the Immigration Authority, which will automatically put her in the removal proceeding. Then she raises the extreme hardship as the basis for her waiver of removal.
Second, her chances to succeed are not high at all. Allowing mothers of young babies who are US citizens to get admission into US will encourage illegal immigrants to cross the line and have their babies born in US, then get admission into US based on their babies' citizenship. This is the major reason that immigration law only allows US citizens over 21 to be eligible to petition their parents' immigration.
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