Will my mother be able to apply for me if she has been a green card holder for over two years? 19 Answers as of January 03, 2012I'm 29, single from Pakistan. My mother has had the green card for a little over 2 years now. Two of my siblings are born citizens and one just got his green card through his wife. I'm the only one who does not have it.
Feldman Feldman & Associates, PC | Lynne Feldman
Yes she can file for you as long as you remain unmarried. Your case would be in the Family-Based 2b category. When she becomes a citizen you will automatically be converted to the Family-Based 1st category. Both have a long waiting list but filing the I-130 is important to get yourself a place in line. You are permitted to marry after she becomes a citizen but if you marry beforehand you will lose your place in line. If we can assist you with the process, please contact me to obtain the forms, fee schedule and process.
Answer Applies to: California
Law Office of Sylvia Ontaneda-Bernales | Sylvia Ontaneda-Bernales
First let me say that only a qualified immigration attorney can help you and your family (mother or siblings) decide which of the options listed below is best for your circumstances. Here they are: 1. Because she is a Lawful Permanent Resident (LPR), your mother can file a petition (Form I-130, Petition for Alien Relative) if you are unmarried , with copy of her alien registration card, your birth certificate showing both her name and your name. If there has been a legal change to your or her name, she must submit proof of that change. As an LPR, she cannot petition for you if you are married. 2. One of your US citizen siblings, who is at least 21 years old , can file a 4th Preference petition ( I-130, Petition for Alien Relative) for a visa for you. Your adult brother or sister will have to get birth certificates for both of you and be prepared to prove that you are related through at least one parent (less complicated if it is the mother). In either case, the sooner your mother or one of your brothers/sisters petition for you, the better. A fter the USCIS approves the petition the State Department will issue you a visa-number and give you a priority date. Then you must wait (perhaps years) until that date becomes current before you can complete the process for an immigrant visa, through the local US consulate in Pakistan. Finally, when you get the visa and come to the US as an LPR you'll get the Green Card.. 3. Another option is to wait until your mother becomes naturalized. She can then file a petition under for unmarried sons and daughters of U.S. citizens (1st Preference category). The form and process are the same as above. If all goes well, it mght take a year or two (maybe a bit more) to complete the process. If you are or get married , then the category would be 3rd preference and the wait would be longer, but perhaps not as long as under options 1 and 2 above. Why do you have to wait? Because the US government allocates a certain number of visas to each category per country per year and they are granted first to people who filed petitions long before your mother or siblings would have filed theirs. This is the reason I say that the sooner the petition is filed, the better for you.
Answer Applies to: Maryland
Matthew I. Bernstein, Attorney At Law | Matthew Ian Bernstein
Your mother can file a petition on your behalf, but if you are in the United States and are a visa overstay in the United States, you would not be eligible to adjust status to permanent residency. You should meet with an immigration lawyer to explore all your options, and to see if you are eligible for a waiver of inadmissibility for any immigration violations, if that is an issue.
Answer Applies to: Illinois
Morinaka Law Office LLC | Chase Morinaka
Lawful permanent resident parents can petition for their children. Because you are no longer a minor, the wait will be very long. If your mother becomes a citizen, your wait may be reduced. Check the visa bulletin and preference category rules for an estimated waiting time. Other inadmissibility rules may apply. You should consult with an attorney before applying.
Answer Applies to: Oregon
All American Immigration | Tom Youngjohn
She can apply for you. Being 'from' Pakistan, you are here, hopefully on an F-1 student visa. The wait time for visa availability is singificant. If you are not in F-1 student status, you are hopefully in some status. If you were not in F-1 status, and if your status expired, then you accumulationg "unlawful presence." Because it is your mother petitioning for you (as opposed to a US citizen spouse or adult US citizen child) and because you are no longer a minor, you will probably have to consular process, which means leaving the US. If you have accumulated over a year of unlawful presence before you leave the US, then you are subject to a "10 year bar." If you have accumulated over 180 days of unlawful presence, but less than a year, then it's a 3 year bar.
Answer Applies to: Washington
Philip M. Zyne, P.A. | Philip M. Zyne
Your mother can file for you as long as you are unmarried. The waiting list is many years long, but it is probably a good idea for her to file anyway. However, before doing anything you should consult with an immigration law attorney because we need to know your current immigration status and also whether you intend to apply for a temporary visa to enter the US.
Answer Applies to: Florida
Bell, Nunnally & Martin, LLP | Karen-Lee Pollak
Are you currently in the US. If so, what is your status. Your mother can apply for you but it will take several years to obtain your green card. You will not be able to stay in the US while your application is pending unless you have some other status.
Answer Applies to: Texas
Nossa Law Office | Pablo H Nossa
Your mother can apply for you, but there will not be a visa immediately available. Assuming you are in the US and have overstayed your visa, even if a visa were immediately available, you would not be eligible to adjust status, unless you are 245i eligible, since you are not considered an immediate relative for immigration purposes.
Answer Applies to: Texas
Law Offices of Grinberg and Segal | Alexander Segal
I assume that you are in the United States without status. Under the circumstances, you would not be able to adjust your status to a lawful permanent resident in the United States, because you are out of status. Due to your age and your mother's status, you would be a preference petition (i.e. a visa is not immediately available). You must be in lawful status to adjust here based upon a preference petition unless you are eligible for benefits under INA 245(i).
Answer Applies to: New York