QUESTION
Am I eligible to apply for a green card?
Asked on Jul 07th, 2011 on Immigration - California
More details to this question:
HI there. I am currently in California on a 10 year B1/B2 visa. My mother is an American Citizen but I was born in South Africa. My mother left USA when she was 12. Am I eligible to apply for a green card and If so Is my British Wife eligible to apply for one on the same application? Your advice would be greatly appreciated! Kind Regards Nick
1 ANSWER
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Your mother can file for your permanent residency as you would be an immediate relative. She will need to show she intends to make the U.S. her home however and is able to support you or have a co-sponsor. Your wife would not be a derivative on this application. After you get your permanent residency you may petition for your spouse but it would be several years until her permanent residency can be finalized. We should also explore whether you possibly became a derivative citizen through your mother but I would need much more information than you have provided. You may want to consult on other options for you and your wife to remain in the U.S. as well.
Answered on Jul 12th, 2011 at 3:04 PM