QUESTION

Can I get my immigration papers from my mother who is a resident?

Asked on Nov 25th, 2011 on Immigration - California
More details to this question:
I came to the US with a student visa, but my visa is expired and my mom is a resident. I want to know if I can get my papers from her.
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2 ANSWERS

Immigration Law Attorney serving Phoenix, AZ
2 Awards
It depends on your age.
Answered on Jul 03rd, 2013 at 1:08 AM

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If your mother is a permanent resident, she can petition for you but it is a very long process (5-7 years) and you would have to show that you are maintaining lawful status at all times, if you are over the age of 21. If she becomes a US citizen and you are still under the age of 21, then you can adjust status even if you have fallen out of status. If you are over the age of 21 and have overstayed, the only way you will be able to legalize your status within the US under the current immigration laws is through a valid marriage to a US citizen.
Answered on Nov 30th, 2011 at 3:47 PM

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