Pelham, NY Immigration Law Firms & Lawyers

It appears that you are facing possible problems. The first is that failing to attend school after obtaining a student visa raises the possible bar of misrepresentation. With your father's becoming a US citizen, you are still not allowed to adjust status to permanent residence as you are over the age of 21 and do not fall into the category of an immediate relative, but rather as the unmarried son of a US citizen over the age of 21. For the month of May 2013, only cases that were filed before April 1, 2006, are being reached for final immigration. When your priority date becomes current, you can likely leave the US for an immigrant visa interview in your home country. As you entered the US under a student visa which is without specific time limit, you are not subject to the 3 or 10 year bars for people who overstay for 180 days or one year respectively unless you received an order from USCIS or an immigration judge terminating that status. If you are not so subject, you would still have to explain to the American Consulate why you did not attend school as you represented in your visa interview. 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.  

It appears from your scenario that the only document which is missing at this time is the I-864 affidavit of support form and related documentation. That usually means that the case is still at the National Visa Center. If the priority date is current or this is a non-quota case which does not require a visa number, your mother could be scheduled for interview at an American Embassy or Consulate in the home country within a matter of months. Following interview and approval and assuming that there is no further administrative review of the case, your mother would be given an immigrant visa package within a few weeks after the interview. She would then have to pay $165 electronically to the Department of Homeland Security for the approved immigrant visa and could thereafter board the plane to come to the country.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.  

It can. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is properly presented so as not to delay the process.