QUESTION
Can my mother get residency when I turn 21?
Asked on Nov 02nd, 2011 on Immigration - Colorado
More details to this question:
Next year I am turning 21. I have never been in trouble with the law. I wanted to know if I can fix my mother's papers if she came her illegally. Not only that, but can I fix her papers faster if she has been a victim of abuse?
7 ANSWERS
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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You may petition for your mother but if you're a legal resident, and not US citizen and depending on what country your mother is from, the waiting period to obtain visa number whereby she could legalize status may take few years. Moreover, if she entered illegally then that may require she leave the US and process the application in home country but it may be filed while in the U.S. However, if she was a victim of violent offense e.g., domestic violence or other crimes, then have her consult with our office or another immigration attorney because she maybe eligible for U visa whereby illegal presence is not an issue.
Answered on Nov 07th, 2011 at 8:53 PM
More information is needed. She may be able to file without your petition, where she was the victim of abuse by a U.S. Citizen or green card holder. The situation is complicated, so I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney.
Answered on Nov 03rd, 2011 at 10:59 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It depends on (1) when and where she entered the US, (2) her exact manner of entry, (3) any immigration flings prior to April 30, 2001, and (4) any arrests, charges or convictions. She may not be eligible to get her green card in the US. If she needs to apply for the immigrant visa at her home consulate, she will need a waiver, which will likely require an extreme hardship to a US citizen spouse or parent. Get this information about her background and consult with an experienced immigration attorney.
Answered on Nov 03rd, 2011 at 10:20 PM
Immigration Attorney serving Chicago, IL
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Kriezelman Burton & Associates, LLC
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Your mother may have two options depending on how she entered the United States. If she entered lawfully meaning with a visa she may be able to merely adjust status. If she did not you may have to examine what waivers would be necessary for her.
Answered on Nov 03rd, 2011 at 10:18 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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I would suggest that she see a lawyer who can review the details of her entry and any rights she has an abused person to see which way will be the best for her.
Answered on Nov 03rd, 2011 at 10:17 PM
Litigation Attorney serving Goose Creek, SC
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Miller | Conway
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You will not be able to "fix" your mothers papers as she has no papers (due to her illegal entry into the United States). That said, your mother's status as a victim of abuse may allow her to adjust status based on a U-Visa (this will depend heavily on the circumstances and status of the case). Please contact an immigration attorney to discuss this matter further.
Answered on Nov 03rd, 2011 at 9:44 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 a visa petition for your mother when you turn 21. Whether or not she can apply for legal status depends on her background and history. She should speak with an immigration attorney.
Answered on Nov 03rd, 2011 at 9:24 PM