What happens to me if my mother leaves for Canada during the green card process? 2 Answers as of June 07, 2011

My mother filed permanent residency in US, but she got a job and left for Canada. What happens to me I am a 20yr student? I’m her son that is attending college. What options do I have for me to stay here legally? Immigration services have not sent a letter to actually leave. But my work permit has expired so I can’t even work either. Are there any options for children in my position for them stay in the US even if their parent leaves the country while Green card is in process?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Having left the US during the pendency of her green card application, USCIS may deem that application abandoned. If you are a derivative beneficiary of the same application, then your application is subject to the same fate as your mother's. You will need to figure out another way of remaining in the US other than through your mother. One of the things you can do to test whether your Mother's application has been deemed abandoned is through the filing of your work permit renewal. That will tell you a lot about this application. Good luck!
Answer Applies to: California
Replied: 6/7/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
You need to contact an experienced immigration lawyer, and when you do, you need to give more detail than you have in your note here. Did you mother abandon her petition for a green card, or was it actually issued to her and then she left to go to Canada? Did she turn her green card in to USCIS? Who actually petitioned for your mother? Were you included on your mother's petition, or was yours separate? Are you and your mother Canadian citizens? What is your father's citizenship? Can he help you in any way?
Answer Applies to: Washington
Replied: 6/6/2011
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