Can my mom help me with my residency if she is a US citizen? 11 Answers as of July 20, 2011

My mom just became a us citizen. Can she help me with my residency although I'm married?

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
Your mother can petition for you. Right now the classification is backed up for about 5 years. However, whether you can adjust depends on if you are in the country legally. If you are in the U.S. illegally, under the current law you cannot obtain your residence in the U.S.; if you have been here illegally for over 6 months and you leave you will be barred from returning for 3 years. There is an exception for beneficiaries of petitions prior to April 2001.
Answer Applies to: New York
Replied: 7/20/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
Yes, your mother can still petition for you. Best of luck.
Answer Applies to: Texas
Replied: 7/18/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
Your mom can file a petition for an immigrant visa for you, but since you are married, you fall into the category F3. This immigrant category is oversubscribed, which means that it will take many years before the immigrant visa that your mother can apply for becomes available for you. According to the Visa Bulletin for August 2011, immigrant visas in the F3 category are available for those applicants, whose visa petitions have been filed before August 22, 2001 (for applicants from Mexico or the Philippines, the waiting periods are approximately 9 years longer. You may want to consult with an immigration lawyer to evaluate other options.
Answer Applies to: Florida
Replied: 7/18/2011
Law Office of J Thomas Smith
Law Office of J Thomas Smith | J. Thomas Smith Ph.D.
NO. Among the people who qualify as immediate relatives for immigration purposes are unmarried children of a U.S. citizen, under the age of 21. Because you are married your mother may not petition for you.
Answer Applies to: Texas
Replied: 7/18/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
She can file an I-130 petition for you but this will just get you a place in line in the FB-3 category. By filing the I-130 you will establish a Priority Date (filing date). Each month the State Department publishes a Visa Bulletin indicating what Priority Date they are working on for each category based on your country of birth. Here is the link to the Bulletin: http://travel.state.gov/visa/bulletin/bulletin_1360.html Once your Priority Date is current, then you can complete the second stage of your immigrant visa processing. Your spouse and any unmarried minor children will also be allowed to immigrate based on your Mom's petition.
Answer Applies to: California
Replied: 7/18/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    Yes she can act as your petitioner, but you would not be deemed to be an immediate relative and thus would have to wait for a visa number to become current before adjusting your status - this will take at least a few years.
    Answer Applies to: Florida
    Replied: 7/18/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    Yes, she can file a visa petition for you right away. But it will take up to 10 years before a visa number becomes available to you so that you can get a green card. By filing the visa petition you establish you place in line of those who wait for their green card.
    Answer Applies to: California
    Replied: 7/16/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    Your mother's petition is a preference category. If you are over 21, it goes by priority dates and may not be available for you now. You should look at the DOS Visa Bulletin and consult with an immigration attorney
    Answer Applies to: Nevada
    Replied: 7/16/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    Yes, but you will be a FB-3rd preference as an adult married child of a US citizen. Also, since you are not an "immediate relative" for immigration purposes, you may not qualify to file here in the US.
    Answer Applies to: Texas
    Replied: 7/16/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    A USC is allowed to petition for a married adult child.
    Answer Applies to: California
    Replied: 7/16/2011
    Law Offices of Iman Abouelazm, P.A.
    Law Offices of Iman Abouelazm, P.A. | Iman I. Abouelazm
    Yes, your US citizen mother or sibling may petition for you to become a legal permanent resident. However, you must wait for a visa number to become available, which is currently taking from 6 - 11 years.
    Answer Applies to: Florida
    Replied: 7/16/2011
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