Greenvale, NY Immigration Law Firms & Lawyers

If you are over 21 and your mother lawfully entered the US, she is eligible to adjust her status in the US. She does not need a waiver unless she was previously in the US for more than 6 months or 1 year, then returned to the US. There are additional factors to consider. I recommend you contact an immigration attorney. Salvatore A Falletta, Esq. Sal@USAresident.com 201 438-5625 155 Park Ave, Suite 201C Lyndhurst NJ 07071

The rules of the Child Status Protection Act in preserving eligibility for those who are over the age of 21 is that the time that a petition is pending with U.S.C.I.S. is time that is credited to your age. For example, if you are 23 years of age and the I-130 petition took seven years to adjudicate by U.S.C.I.S., your CSPA age would be 16 as you are given the credit for the time the petition is pending. On the other hand, time in counting your age only freezes when the priority date of the petition is reached. Thus for example if the priority date becomes available under the Department of State's visa bulletin seven years after the petition is first submitted to U.S.C.I.S., it is only on that date that your age would freeze and go no further for CSPA counting purposes. In your case, when your parents become permanent residents, they will file for you under the F-2A category as an unmarried child of a permanent resident. The projected time for cases like yours is approximately 3 years. When your priority date under that category becomes available, your age will freeze and you will be allowed to deduct the time from your age that the I-130 petition pended with U.S.C.I.S. Hopefully you will still be under the age of 21 with that calculation. 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.