Atlanta, GA asked in Immigration Law for Georgia

Q: If my mother marries a citizen and gets residency, am I also able to get residency as a 22 year old?

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1 Lawyer Answer
Monica E Rottermann
Monica E Rottermann
Answered
  • Immigration Law Lawyer
  • Santa Ana, CA

A: You would not qualify as a stepchild of your mother’s United States citizen spouse under the immigration laws so could not immigrate through them. To be treated as a stepchild for immigration purposes, the marriage between your mother and her USC spouse would have had to have occurred while you were under the age of 18.

However, once your mother obtains her residency, she would be able to file a petition for you, as long as you are unmarried. You would have to review the Visa Bulletin to determine how long of a wait it would be for the petition to become current: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

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