Abernathy, TX Immigration Law Firms & Lawyers

Currently the F-2A category for spouses and unmarried children under the age of 21 of permanent residents is open and available. In the next month, the category will back up approximately one month. If the category does not seriously back up past your priority date of April 2012, a case like your husband's would generally take less than six months from this point. The NVC will keep the case and even schedule the date for the interview at the American consulate or embassy in your husband's homeland. Insofar as your mom is concerned, you may be able to sponsor her for a visitors visa at this time. She would make the application, and you could (if able) supply the invitation letter and assurances of financial support which are usually completed on form I-134 affidavit of support, with accompanying job letter, bank letter or latest statement, and latest tax return.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

If you filed affidavit of support for her(and/or herparents), you are responsible to pay the government back if she receives means tested benefits. You are off the hook only if: 1, she dies; 2, she leaves the US; 3, she becomes a US citizen and 4, she earns 40 social security credits after 10 years working in the US.

Unfortunately, permanent residents cannot petition for their parents. That right is only reserved for U.S. citizens. A permanent resident is only allowed to file for his or her spouse, child under the age of 21, and adult child who is unmarried. Derivatives of the beneficiary of a petition are included in the original petition. For example, if a permanent resident father petitions for his adult unmarried daughter who has a child under the age of 21, that child would be included as a derivative of the underlying petition.