QUESTION
Can I apply green card for mother while she is in the State without her being illegal?
Asked on Jan 04th, 2013 on Immigration - Nevada
More details to this question:
My mom has a tourist visa and expires on April 15th. How can do this in right way? Thank you.
8 ANSWERS
Yes, if you are a US citizen and your mother entered the US lawfully, you can petition for her green card while she is in the US. However, the timing of the application must be done correctly so as not to be seen as misrepresentation of intent at the time of her entry to the US.
Answered on Jan 10th, 2013 at 8:57 PM
Adebola O. Asekun
If your mother is in United States on B-2 visa and assuming you are a US citizen you can file a green card for her. The right way to do this is to retain an immigration lawyer. Remember, this is probably the only case you'd ever file/ You can never underestimate the importance the assistance of some one who does this fairly regularly.
Answered on Jan 10th, 2013 at 7:18 PM
You can file the I-130 if you are a citizen and your mother can file the I-485. Wait until your mother is here in the US for at least 2 months or longer.
Answered on Jan 10th, 2013 at 7:58 AM
Your mother could apply for a green card without having to leave the US if you are a US citizen and at least 21 years of age. However, because she only arrived recently, you should discuss your case with an immigration attorney before filing in order to avoid complications.
Answered on Jan 10th, 2013 at 7:02 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. First of all, what is your status? Are you a U.S. citizen or a green card holder? I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Jan 10th, 2013 at 6:51 AM
Rebecca T White
That will depend upon whether you are a US citizen over the age of 21 or not.
Answered on Jan 10th, 2013 at 6:45 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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If you are a US citizen and over 21, then you can apply for your mother without her having to leave : ).
Answered on Jan 10th, 2013 at 6:44 AM
Immigration Attorney serving Las Vegas, NV
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Law Office of Arsen V. Baziyants
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Yes, assuming there are no other issues, she is eligible to adjust status without having to leave the country. The process will take about 5-6 months, but once the application is accepted for processing, your mother will be considered to be in a lawful status, pending the outcome of her case... and lately, the USCIS has been approving such cases without interviews.
Answered on Jan 10th, 2013 at 6:42 AM