QUESTION
Can my U.S. citizen daughter ask for my permanent residency?
Asked on Apr 22nd, 2014 on Immigration - California
More details to this question:
I had an interview scheduled for green card but my husband did not show up. He decided he was not ready to become a step father to my three children. I thought it was all a joke or a nightmare. But I finally realized he was gone for sure. I recently got divorced. My daughter a U.S. citizen will turn 21 years old in June, can she ask for permanent residence for me? Or do I need to go back to my country and file there? My three children depend on my income.
5 ANSWERS
It depends on how you entered the US. If you entered as a fiance for your ex husband, you will not be able to do it again through your daughter without first leaving the US. If you entered the US lawfully in any other way, you can be petitioned by your daughter.
Answered on Apr 24th, 2014 at 12:56 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You can remain in the US and apply for adjustment of status on the basis of your daughter's petition as long as you entered the US legally or was inspected prior to entry.
Answered on Apr 24th, 2014 at 4:33 AM
Adebola O. Asekun
As long as your initial entry into United States was with a visa, it is important that you do not leave the US but instead, have your daughter file the Form I-130 petition immediately she turns 21 years old. If you are eligible to adjust status in every other respect, you should be ok. However, it is strongly suggested that you hire an experienced attorney to assist you in this regard.
Answered on Apr 23rd, 2014 at 8:22 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Yes. Your daughter can apply for your green card.
Answered on Apr 22nd, 2014 at 8:02 PM
Employment & Labor Attorney serving Culver City, CA
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Law Offices of Christine Green
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A U.S. citizen child who is 21 years or older can petition for her parents. As an immediate relative, you will be immediately eligible to adjust in the U.S. if you entered the U.S. with inspection (such as on a visa). Consult with an immigration attorney to guide you through the process.
Answered on Apr 22nd, 2014 at 8:02 PM