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Commonly Asked Immigration Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

How long should we wait to process my mother's return to the US?

Christine Victoria Troy
Answered by attorney Christine Victoria Troy (Unclaimed Profile)
Immigration lawyer at The Law Office of Christine Troy
You can't sponsor your mother until you are 21. The other attorney is correct, that if your mother wants to enter the US again before she is allowed by law, then you need to file not only the family petition but also an extreme hardship waiver. If she waits for the full period that she is currently barred, then you only need to file the I-130 petition.
You can't sponsor your mother until you are 21. The other attorney is correct, that if your mother wants to enter the US again before she is allowed by law, then you need to file not only the family petition but also an extreme hardship waiver. If she waits for the full period that she is currently barred, then you only need to file the I-130 petition.
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What age can I apply to get my Mom's papers?

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Answered by attorney Phong Thanh Tran (Unclaimed Profile)
Immigration lawyer at Law Office of Pho Ethan Tran, PLLC
To help your mother get her papers, you have to be at least 21 years of age and a US citizen before you can submit a relative petition on her behalf.
To help your mother get her papers, you have to be at least 21 years of age and a US citizen before you can submit a relative petition on her behalf.

Is there any option to adjust the status of an adult child of a U.S. citizen and LPR to immigrant under his parent’s sponsorship?

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Answered by attorney Michael Alexander Yurasov-Lichtenberg (Unclaimed Profile)
Immigration lawyer at Havens Lichtenberg PLLC
You can sponsor your son for family-based immigration by filing Form I-130 immigrant petition. However, filing of a petition does not give him the right to stay in the U.S. until he gets a green card. And it is extremely important that he should remain in a legal status, because, if he stays in the U.S. illegally, he will not be able to receive a green card even through your petition. To stay here while his immigration process goes through, he would need to a) extend his B2 status, or b) change his status to some other non-immigrant visa - F1 student visa, or H1B work visa, or any other non-immigrant visa he can qualify for. You also need to understand is that your son will not be eligible to adjust status (receive a green card) any time soon. Every year, a limited number of immigrant visas is issued - 23400 to unmarried adult sons and daughters of U.S. citizens (F1 category); - 26266 to unmarried adult sons and daughters of LPRs (F2B category); and - 23400 to married sons and daughters of U.S. citizens (F3 category). Many more petitions get filed every year, and there is waiting time - right now in F1 category - 7 years (12.5 years for natives of the Philippines; 20.5 years - for natives of Mexico); in F2B category - 6.5 years (11 years - for Filipinos, 21 years - for Mexicans); in F3 category - 11 years (21 years for Filipinos and Mexicans.) This means that the earliest time an immigrant visa might open for your son is about 7 years away. Extensions of B2 status even for 6 months are quite difficult to obtain; and there is no possibility to extend your son's B2 visa for 7 years. Besides, even if it were possible, your son would be unable to work all this time because accepting employment violates B2 status and makes him deport-able. So, your son has 2 options: a) he can talk to an immigration attorney to figure out whether there is a non-immigrant visa he could get to stay in the U.S. until his turn for an immigrant visa comes; or b) he can leave the U.S. when his admission expires and wait for an invitation for an interview at the U.S. embassy in his native country.
You can sponsor your son for family-based immigration by filing Form I-130 immigrant petition. However, filing of a petition does not give him the right to stay in the U.S. until he gets a green card. And it is extremely important that he should remain in a legal status, because, if he stays in the U.S. illegally, he will not be able to receive a green card even through your petition. To stay here while his immigration process goes through, he would need to a) extend his B2 status, or b) change his status to some other non-immigrant visa - F1 student visa, or H1B work visa, or any other non-immigrant visa he can qualify for. You also need to understand is that your son will not be eligible to adjust status (receive a green card) any time soon. Every year, a limited number of immigrant visas is issued - 23400 to unmarried adult sons and daughters of U.S. citizens (F1 category); - 26266 to unmarried adult sons and daughters of LPRs (F2B category); and - 23400 to married sons and daughters of U.S. citizens (F3 category). Many more petitions get filed every year, and there is waiting time - right now in F1 category - 7 years (12.5 years for natives of the Philippines; 20.5 years - for natives of Mexico); in F2B category - 6.5 years (11 years - for Filipinos, 21 years - for Mexicans); in F3 category - 11 years (21 years for Filipinos and Mexicans.) This means that the earliest time an immigrant visa might open for your son is about 7 years away. Extensions of B2 status even for 6 months are quite difficult to obtain; and there is no possibility to extend your son's B2 visa for 7 years. Besides, even if it were possible, your son would be unable to work all this time because accepting employment violates B2 status and makes him deport-able. So, your son has 2 options: a) he can talk to an immigration attorney to figure out whether there is a non-immigrant visa he could get to stay in the U.S. until his turn for an immigrant visa comes; or b) he can leave the U.S. when his admission expires and wait for an invitation for an interview at the U.S. embassy in his native country.
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