Can my mother who is a permanent resident petition for me? 2 Answers as of June 08, 2011

Can my mom who just got her permanent residency petition for me? I am 20 years old and I have been living here since I was 11. I was brought here illegally. I’m single.

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Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
It depends on how she got her permanent residence. If she got it through employment, you could file immediately IF you are otherwise eligible to adjust. If she got it through family, you can file immediately IF you are otherwise eligible to adjust. In both those cases, if she listed you on the petitions, then you will be a derivative beneficiary. If she got it through marriage to a U.S. citizen, you are out of luck because there are no derivative beneficiaries for immediate relatives like that. On the other hand, if the marriage took place before you were 16 years of age, the U.S. citizen step-parent can file for you right now. All of this depends on the answers to other questions, such as how you entered and when, whether your mother or you have 245i protection. You need to consult with an attorney and talk about all the facts.
Answer Applies to: Virginia
Replied: 6/8/2011
Fong & Associates
Fong & Associates | William D. Fong
Your mother can start the process as you are an unmarried child of a permanent resident (FB-2A). When you turn 21; and if you remain unmarried, you will drop to the FB-2B classification. The visas are backlogged about 8 years. At that time, you will need to either file to adjust your status in the US if you are eligible under section 245(i) or you will need to return to your home consulate to apply for the immigrant visa and a waiver for the immigration violations.
Answer Applies to: Texas
Replied: 6/8/2011
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