QUESTION
If I am 18, is it possible for me to get my residency the same time my mom is getting hers?
Asked on Jun 05th, 2013 on Immigration - Georgia
More details to this question:
My mom recently just got married to a US citizen and is filing for her residency.
6 ANSWERS
If your mother married your stepfather BEFORE you turned 18, then yes, he can petition you along with you mother (needs a separate petition) and you would be eligible to adjust status as well, with your mom.
Answered on Jun 05th, 2013 at 7:35 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
You must be under 18 in order to have your step-father file for you to receive the green card at the same time. Thus, your mother will have to file for your green card after she receives her green card. However, this will have a backlog for several years and not provide any immediate immigration benefits. Thus, if you are in the US, you will need to maintain your visa status or return home and wait for your mom's case to come current.
Answered on Jun 05th, 2013 at 7:35 PM
Immigration Attorney serving Atlanta, GA
at
Gorinshteyn Global, LLC
Update Your Profile
If your mother's marriage to a U.S. citizen occurred before your 18-th birthday, then you are eligible to adjust your status (obtain permanent residency) through the same U.S. citizen. However, if the marriage occurred after the 18-th birthday then you won't be able to benefit from your mother's marriage. Retain an immigration attorney to help you resolve this issue.
Answered on Jun 05th, 2013 at 7:34 PM
If they married before you turned 18, you can file as dependent. Otherwise, you'll have to wait until your mother becomes a permanent resident, she'll have to file a petition for you.
Answered on Jun 05th, 2013 at 7:34 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
If your mother married your step-father while you were still under 18 years of age and you entered the country legally, your step-father can petition for you as his immediate relative and you are eligible to apply for adjustment of status concurrently. The petition is filed on form I-130, and your application for adjustment of status is filed on form I-485.
Answered on Jun 05th, 2013 at 7:34 PM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
Only if you were under the age of 18 at the time of her marriage.
Answered on Jun 05th, 2013 at 7:34 PM