QUESTION
I’m almost 21 years old and I would want to know what am I going to need to fix my Mom’s papers?
Asked on Oct 03rd, 2012 on Immigration - Texas
More details to this question:
I’m almost 21 living with my mom and 14 year old brother. My mom just baby sits since she can’t work for not having a valid social.
7 ANSWERS
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If you are US citizen, you can file I-130(visa petition) once you turn 21. Your mother may not adjust her status unless she entered the US legally. In addition, even if your mother may receive green card, your brother may not receive his at the same time.
Answered on Oct 05th, 2012 at 9:47 AM
Rebecca T White
You need to determine how and when your mother came to the US, and if you will need a joint sponsor for the affidavit of support.
Answered on Oct 05th, 2012 at 9:45 AM
Immigration Attorney serving Los Angeles, CA
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Law Offices of Mary Lyn T. Sanga A Professional Corporation
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A U.S. citizen at least 21 years old may file a Form I-130 immigrant petition for a parent and if the parent entered the U.S. lawfully and is currently in the country, the parent may also file for adjustment of status (green card) together with the filing of the Form I-130 petition. I strongly recommend that you seek an immigration lawyer's advice regarding your mother's eligibility to adjust status in the United States
Answered on Oct 05th, 2012 at 9:44 AM
IF your mother entered the US unlawfully, even when you turn 21, you cannot help her legalize her status within the US. She will need to go back to her home country to consular process for an immigrant visa but because of her unlawful presence in the US, she will be barred from reentry for a period of 10 years as soon as she leaves the US. That bar can only be waived by a showing of extreme hardship to a US citizen spouse or child, which is very difficult in most cases. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Oct 05th, 2012 at 9:42 AM
Now that you are 21 you will first need to file an I-130 and after that is approved your mother will either need to go to Mexico for 10 years or apply and be approved for a 601 hardship waiver to waive the 10 year bar. Feel free to contact me or another immigration attorney of your choice so set up a consultation for further information.
Answered on Oct 05th, 2012 at 9:41 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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If your mom entered illegally you are going to find it very difficult. What you will need is an attorney who knows what they are doing.
Answered on Oct 05th, 2012 at 9:40 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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At a minimum, you would need to submit an I-130 petition on her behalf. If she entered the country legally or qualifies for 245, she can also concurrently apply for adjustment of status along with your I-130 petition.
Answered on Oct 05th, 2012 at 9:24 AM