Tampa, FL asked in Immigration Law for Florida

Q: A family member of mine came here on a visa the visa expired and she stayed because she has a daughter that was born in

The United States she is 15 and has a few mental problems if her daughter wanted to file for her mother to stay here with her cause she has nobody and was a victim of abuse could my family member possibly get citizenship please answer

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1 Lawyer Answer

A: A U.S. Citizen Child cannot petition for a parent until the child is 21 years old. When you say "was a victim of abuse"; to whom are you referring as the victim? The daughter or the mother? There is a nonimmigrant status available for victims of certain crimes, such as domestic violence. If the family member about whom you write was a victim of domestic abuse, whether at the hands of a citizen or otherwise, she might qualify to apply for "U" nonimmigrant status. Even if the U.S. Citizen Daughter was the victim, it would still be worth consulting with a competent immigration attorney. I recommend that she schedule a consultation. Some law offices, like mine, offer telephonic or online (Skype) consultations for those who are unable to attend the consultation in-person. (A long term solution, if the mother is still present in the United States when her daughter turns 21, is for the daughter to petition then.)

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