Brought to the us as a child using someone elses visitor visa 1 Answers as of October 16, 2010

If I came to the us as a child using someone elses visitors visa, is that still considered EWI for adjustment status purposes. My mother just became a US Citizen. I am 17 and awaiting consular process with approved I130. Is it true that if I locate the custom forms from my arrival back in 2002, I can aos based on the citizenship of my mom?

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Pacifica Legal Services | Floyd Fernandez
The short answer is yes. You were not responsible for the actions of either your mother or some other individual who gave you the B-1 visa by which you entered. If you had been an adult, you would have been guilty of document fraud, but you are exempt as a minor child. The fact is that your mother had to have been able to have become a legal resident, then a citizen after arriving here. As long as you do not return to your country as an illegal alien and re-enter, you will be subject to your mother applying for adjustment of status as possessing derivative status for you as an immediate qualifying relative. If you want to discuss the matter further, contact me for a consultation, by phone or e-mail.
Answer Applies to: California
Replied: 10/16/2010
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