Oakland, CA asked in Criminal Law, Immigration Law, Constitutional Law and International Law for Utah

Q: Which process would be best? Form I-130 or Form I-485?

My mom illegally entered the United States 20 years ago, and has stayed here since then, I am soon turning 21 in July 2018. Which would be the best course of action without her having to return to the mother land?

2 Lawyer Answers
Aric M. Cramer
Aric M. Cramer
  • Criminal Law Lawyer
  • St. George, UT
  • Licensed in Utah

A: You need to ask an immigration attorney. My practice is limited to criminal defense.

Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

A: It is unlikely that your mom will be able to file the I-485 to adjust status, and no matter how she gets her residency you will need to file the I-130 for her. You should consult with an immigration attorney to look at all the options available. The fact that your mother entered without authorization will surely be an issue, and you shouldn’t move forward without assistance.

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