Q: Is it better for a resident mom to apply for green card for her F1 daughter or wait until she gets her citizenship?
Mom applied for citizenship, which is yet to be approved. I have a student F1 Visa. Is it better for mom to apply fora green card for me now or wait until her citizenship is approved?
A:
Your resident mother can file the FORM I-130 on your behalf at this time. Depending on your age you will be classified in the F2A or the F2B categories. You can check the visa availability for both categories by accessing the State Department Visa Bulletin.
If you are under 21 years of age and your mother becomes a U.S. citizen then you will be be classified as an immediate relative and a visa is immediately available.
If you are over 21 years of age and the beneficiary of a petition filed by a U.S. citizen then you will be classified as F1 or F3 depending on your marital status. Visa availability for both categories can be determined by accessing the State Department Visa Bulletin.
A: The answer depends on your age and your country of citizenship. At this point, your mom can only file a visa petition on your behalf, which could be OK, if you are lawfully in the United States. Also, if you are under 21, the process is quicker than if you are under 21. If you are over 21, and your status expires, you will need to leave to country to avoid unlawful presence. There are lots of variables to your question. You really should consult with an immigration attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
