Am i eligible for green card? 5 Answers as of February 13, 2011

My mother got a green card through my USC brother. I am only 20 and my younger brother is 16, and we are in the US. Can she apply for our change of status if we go out of status?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You can apply now for adjustment of status, but you must do it now, before you turn 21 and within a year of the time that your mother's priority date on her application for adjustment of status became current. Contact me if you would like my help.
Answer Applies to: California
Replied: 2/13/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
She but based on the priority dates you would most likely age out and then be ineligible to adjust her in the US. Your brother being younger has a better chance of getting through.
Answer Applies to: Florida
Replied: 2/11/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Unfortunately, the answer is no. Your mother got her greencard through your U.S. citizen brother so she was an immediate relative. There are no derivative beneficiaries for immediate relatives. The upshot of being an immediate relative is that you can apply immediately, the downside is that its just you. When your mother is a U.S. citizen (5 years after getting the greencard), she can petition for you and your younger brother. It is unlikely in the extreme, that you will be able to get the greencard through her in this manner of you go out of status since you are nearly 21 years old. It sounds like there is a slim chance that your younger brother might be okay if your mother applies for citizenship as soon as she eligible and without delay.
Answer Applies to: Virginia
Replied: 2/10/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Your mother can file a petition for you and your brother, but since she is not a United States citizen there would not be a visa number available for you immediately and if you overstay you will need to leave the United States to get your green card, and possibly will be subject to a bar to reentry.
Answer Applies to: Florida
Replied: 2/10/2011
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
Your mom can petition for you, but due to the backlog there are many years of waiting before you can get it from her petition, and you most likely will have to maintain legal status to get the green card from her in the US. Your brother, on the other hand, because he is only 16, should be able to get the green card from your mom's petition before he turns 21. I suggest starting the process for him right away. If you need more guidance, please feel free to contact my office.
Answer Applies to: California
Replied: 2/10/2011
Click to View More Answers: