Camilla, GA Immigration Law Firms & Lawyers

It is not clear what goals you and your mother may have. If she was granted citizenship before you reached age 18, and at the time she was granted citizenship you already were a Lawful Permanent Resident (you already had a "Green Card"), then it is possible that you automatically became a U.S. citizen without any need to file a petition for naturalization. In that event you could file an application to receive a Certificate of Citizenship for proof of your U.S. citizenship status. You asked about amending the naturalization application that your mother filed years ago, but it is not clear what you had in mind. If she did not identify you as one of her children, it would be too late to do so now. Since you now are over age 21, if you have been a Permanent Resident for five years, you should be eligible to file your own application for naturalization. If your family had been represented by an immigration attorney when your mother filed an application in 2002, the type of omission you mentioned could have been avoided. At this point, the next step for you should be to engage an immigration attorney who, after learning all of the relevant details about you and about applications previously filed by your family, could advise you about eligibilities, options and strategies, including representing you in filing your own naturalization case. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.

In the Adjustment of Status (not "Change of Status") application process, one may apply for an Employment Authorization Document (an "EAD" or "work permit") that authorizes employment during the time an application remains pending. That document is convenient documentary evidence of one's status as an Applicant for Permanent Residence - useful when applying to renew a driver's license, for example. An EAD also permits employment beyond the type that already may be allowed using an existing F-1, H1B or other nonimmigrant visa. There is no additional filing fee to apply for an EAD, and while not technically necessary, it would be wise to apply for an EAD (and, if eligible, to apply for Advance Parole - a "travel document") concurrently with an application to adjust status to become a Lawful Permanent Resident. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge. [Note: This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

Backlogs for visas in each category are reported monthly in the Visa Bulletin issued by the U.S. Department of State. As you can see from the October Visa Bulletin (https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-october-2017.html) there is a significantly longer backlog in the F2 category than in the F1 or Immediate Relative category. When your mother becomes a naturalized citizen there will be no need to file a new Form I-130 Petition for Relative Alien. If your Priority Date already was reached and an I-485 Application for Adjustment of Status already was filed, then at the appropriate time you may notify the USCIS of your mother's new status as a U.S. citizen (and provide a copy of her Naturalization Certificate). Of course, there are many other details that determine eligibility. The naturalization application process often is significantly more complex than it may appear from just carefully reading the form, its instructions and the naturalization statute. Errors made in the application process or failure to provide a full set of supporting documents can create delays or even more harsh consequences. It would be wise for your mother to consult with an immigration attorney about naturalization. After learning all of the relevant information, the attorney could advise about eligibilities, options and strategies for naturalization and then could offer legal representation in the often complex application process.