Am I eligible to apply for a green card? 2 Answers as of July 15, 2011

HI there. I am currently in California on a 10 year B1/B2 visa. My mother is an American Citizen but I was born in South Africa. My mother left USA when she was 12. Am I eligible to apply for a green card and If so Is my British Wife eligible to apply for one on the same application? Your advice would be greatly appreciated! Kind Regards Nick

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You may be a USC as we speak if your mother was born here in the US or was already a USC when you were born. Ask you mother if she registered your birth with the US Consulate in S.A. Today under the Child Citizenship Act (CCA), a child who is under the age of 18, was born outside the U.S., and has at least one U.S. citizen parent automatically acquires U.S. citizenship upon entry into the country as an immigrant. No further paperwork is necessary. I suppose this may not apply to your circumstances. To your question, is your mother still abroad? If she is here, and assuming that you are not a USC and you are under 21 and unmarried, then you can just adjust your status. Since you are married and you may be over 21, if she is here in the US, then she will have to first file Form I-130 and wait for it to be approved and sent to the NVC. When the NVC is ready to process it they will contact her and you to request more documents, applications and money of course and eventually they will set up an immigrant visa interview date abroad for you and your wife. This process will take years before being completed. If your mother is not living here in the US, then it will be a little difficult, since domicile in the US is necessary in order to petition someone. In a nutshell, this is what I see in response to your question with the information that you gave me. Good luck!
Answer Applies to: California
Replied: 7/15/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Your mother can file for your permanent residency as you would be an immediate relative. She will need to show she intends to make the U.S. her home however and is able to support you or have a co-sponsor. Your wife would not be a derivative on this application. After you get your permanent residency you may petition for your spouse but it would be several years until her permanent residency can be finalized. We should also explore whether you possibly became a derivative citizen through your mother but I would need much more information than you have provided. You may want to consult on other options for you and your wife to remain in the U.S. as well.
Answer Applies to: California
Replied: 7/12/2011
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