QUESTION
Can I file for my mother while she is in the US?
Asked on Sep 07th, 2012 on Immigration - Texas
More details to this question:
My mother is in the US for more than 20 yrs. I will be 21 next week. She does not have a visa, entered without paper in 1994.
6 ANSWERS
If no one had ever filed a petition on her behalf, because she entered without an inspection, under the current laws she is not eligible to adjust status to permanent resident, even if you are a US citizen and over the age of 21. She would have to consular process in her home country but as soon as she leaves the US, she will trigger an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen.
Answered on Sep 19th, 2012 at 3:49 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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She needs to be eligible under 245(i) of the Act. She cannot do anything unless she was a beneficiary of a labor certification or family petition on or before 4/30/01. More info is needed about her to determine if she is eligible for consular process.
Answered on Sep 17th, 2012 at 11:21 PM
Rebecca T White
You can file an immigrant visa petition for your mother when you turn 21 (assuming you are a US citizen) but if she entered without inspection she will not be able to adjust from within the US unless she fits the exceptions under 245(i) of having a prior petition filed on her behalf.
Answered on Sep 16th, 2012 at 2:43 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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If you are a US citizen, you can file an I-130 petition for your mother when you turn 21. If she entered the US without inspection, she will probably need to apply for an immigrant visa in her home country, but she should meet with an immigration attorney to discuss her options.
Answered on Sep 16th, 2012 at 6:59 AM
You can file for her and get an I-130 approved even though she has been in the US without status for so long. However this is just the first step, your mother's path to becoming a green card holder will not end with this process.
Answered on Sep 14th, 2012 at 11:46 PM
Bruce A. Coane
You could certainly file an I-130. The problem is with the I-485, which requires proof of legal entry, or proof that she qualified for the last amnesty by having filed something on or before April 30, 2001.
Answered on Sep 14th, 2012 at 6:35 PM