QUESTION
I am 21 and US citizen who wants to petition my mom already in the US does she need to go back to Philippines?
Asked on Oct 12th, 2012 on Immigration - Texas
More details to this question:
Does my mother who is currently in the US need to go back to Philippines to be processed and get her green card? She also has a petition from her US citizen mother, which was covered under the grandfather claw 1999.
5 ANSWERS
You can petition for your mother and she would not have to go back to the Philippines if she entered the US lawfully or is grandfathered under 245i.
Answered on Oct 17th, 2012 at 1:11 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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No. Your mother can apply for adjustment of status in the US (without having to leave the country).
Answered on Oct 15th, 2012 at 2:47 PM
Rebecca T White
That is going to depend upon whether she entered in a lawful status or qualifies under 245(i). You will want to have the specifics reviewed by an attorney, but it sounds likely that she may not need to return. estion
Answered on Oct 15th, 2012 at 2:45 PM
It appears that your mother was not inspected when she entered the US. But she may be able to still take advantage of 245(i) relief because of her mother's petition under that section of the law. Check with a good immigration lawyer abut this and have the facts and old petition papers?fully reviewed.
Answered on Oct 15th, 2012 at 2:44 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If your mother entered the country legally, or was physically present in the US on December 21, 2000 and is the beneficiary of an I-130 petition filed on or before April 30, 2001, she does not need to return to the Philippines to apply for her residency. She can apply for adjustment of status concurrently with your I-130 petition.
Answered on Oct 15th, 2012 at 2:41 PM