QUESTION
Can my citizen mother help me get my residence?
Asked on Jul 21st, 2011 on Immigration - Florida
More details to this question:
My mother just received her citizenship, and I am not at a current legal status here. I came in with a permit 17 years ago and I haven't been to my birth country ever since then but im about to turn 18 . Can she still help me receive my residence? I really want to attend college. If so, how long will it take? Thank you.
3 ANSWERS
Yes you should be eligible to obtain permanent resident status through your mother if it is granted before you turn 21.
Answered on Aug 03rd, 2011 at 6:03 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Yes, why were you not included in her application for permanent residence as her dependent? She can also apply for you separately as you entered the US lawfully and have now overstayed, but since you are under 21, and she is a US citizen, you are deemed to be an "immediate relative" and your overstay and any unauthorized employment is forgiven under INA section 245(a). Consult with an immigration attorney now. File immediately.
Answered on Aug 03rd, 2011 at 5:46 AM
Corporate & Incorporation Attorney serving Coral Gables, FL
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Hans Burgos, P.A., Immigration Law Offices
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She may file a Petition for Relative (Form I-130) on your behalf; and you may file an Application for Adjustment of Status (Form I-485) in order to obtain your residence inside the United States.
Answered on Aug 03rd, 2011 at 5:14 AM