San Ramon, CA Immigration Law Firms & Lawyers

Assuming that you are a US citizen, you will be able to apply for your mother's green card when you turn 21 years of age. Whether you are married or unmarried has nothing to do with your ability to petition for your mother at the age of 21. The only reason for which you would not be able to petition for your mother is if you were adopted and gained immigration through your adoptive parents. If you have a concern as to whether you can financially support your mother's immigration, you are allowed the use of a credible cosponsor who is making enough to guarantee on form I-864 affidavit of support that he or she will undertake the financial obligations so that your mother does not become a public charge.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.  

Generally, someone who enters the U.S. lawfully and with inspection, and who later marries a U.S. citizen, may complete the Adjustment of Status process in the U.S. (without having to leave) in order to become a Lawful Permanent Resident (to get a "Green Card"). The process involves a Form I-130 application and also a Form I-485 application (usually accompanied by applications for Advance Parole [a "travel document"] and for an Employment Authorization Document [an "EAD" or "work permit"], along with a full set of supporting documents. When someone has entered the U.S. with a J-1 visa, however, there are other steps that must be taken too, such as providing documentary evidence that the J-1 visa is not subject to the two-year home residency rule, or applying for and receiving a waiver of that rule. It would be wise for your fiance and you to engage an immigration attorney who, after learning all of the relevant information about you, would be able to advise about eligibility and represent both of you in the application process.

Naturalization law often depends upon the exact facts such as when and where your mother was born, where and when you were born, if your parents were married at the time of your birth, etc. I am happy to consult with you, if you want to email me directly or call my office, but I cannot analyze your case based on the facts presented!