QUESTION
Can my mom help me with my residency if she is a US citizen?
Asked on Jul 11th, 2011 on Immigration - California
More details to this question:
My mom just became a us citizen. Can she help me with my residency although I'm married?
7 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
Your mother can petition for you. Right now the classification is backed up for about 5 years. However, whether you can adjust depends on if you are in the country legally. If you are in the U.S. illegally, under the current law you cannot obtain your residence in the U.S.; if you have been here illegally for over 6 months and you leave you will be barred from returning for 3 years. There is an exception for beneficiaries of petitions prior to April 2001.
Answered on Jul 20th, 2011 at 7:45 PM
Yes, your mother can still petition for you. Best of luck.
Answered on Jul 18th, 2011 at 1:50 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
She can file an I-130 petition for you but this will just get you a place in line in the FB-3 category. By filing the I-130 you will establish a Priority Date (filing date). Each month the State Department publishes a Visa Bulletin indicating what Priority Date they are working on for each category based on your country of birth. Here is the link to the Bulletin: http://travel.state.gov/visa/bulletin/bulletin_1360.html Once your Priority Date is current, then you can complete the second stage of your immigrant visa processing. Your spouse and any unmarried minor children will also be allowed to immigrate based on your Mom's petition.
Answered on Jul 18th, 2011 at 10:06 AM
Yes, she can file a visa petition for you right away. But it will take up to 10 years before a visa number becomes available to you so that you can get a green card. By filing the visa petition you establish you place in line of those who wait for their green card.
Answered on Jul 16th, 2011 at 7:58 AM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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Your mother's petition is a preference category. If you are over 21, it goes by priority dates and may not be available for you now. You should look at the DOS Visa Bulletin and consult with an immigration attorney
Answered on Jul 16th, 2011 at 7:58 AM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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Yes, but you will be a FB-3rd preference as an adult married child of a US citizen. Also, since you are not an "immediate relative" for immigration purposes, you may not qualify to file here in the US.
Answered on Jul 16th, 2011 at 7:34 AM
Immigration and Naturalization Attorney serving San Francisco, CA
at
The Law Office of Christine Troy
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A USC is allowed to petition for a married adult child.
Answered on Jul 16th, 2011 at 7:13 AM