Green Card Help Please!
 

Ok my mom is married to an us citizen , but my question is ;

Is she going to be able to sponsor me cause Im 25 yr?


Thanks for the info

Re: Green Card Help Please!
 

She can, but you'll have to wait till she becomes a citizen and then it'll take several years.

Re: Green Card Help Please!
 

Not really.

First of all she needs to become at least an unconditional permanent resident, then she can sponsor you in F2B, if she naturalizes in the meantime the petition can be upgraded to F1.

Problem being that in neither case prior illegal presence will make you ineligible to actually obtain a green card. Only exception here being 245(i), which requires you, parent, or a spouse (of the time) to had a green card petition or labor certification filed on or before April 30th 2001.

In other words: Unless you have the 245(i) coverage from back in the day, the petition won't result in a green card unless the law changes. Will it? I really doubt it.

Re: Green Card Help Please!
 

ya she can apply for you through F2B if she has a 10 year permanent resident card and then you can apply for waiver( which is being changed to be made easier)if you have illegal presence or if you get advance parole if you have DACA then you come back to US which would clear the illegal presence.

Re: Green Card Help Please!
 

In other words, meet with a lawyer and give your specific information to him/her and get the full answer. I'm mean, it's only your life we're talking about.

Re: Green Card Help Please!
 

What's with people talking complete nonsense?

The provisional hardship waiver (I-601A) requires you to have an immediate relative US citizen parent or spouse, and an immediate relative petition.

He has neither. Even if he had a US citizen parent, that parent is not an "immediate relative" because he is over 21. Immediate relatives are: children under 21, spouse, and parents of US citizens.


From what I'm aware I-601 may be available to you. Problem being:

• During the I-601 waiver processing you must remain outside of US. In other words: you depart, go to the consular interview, get denied, your parent files the waiver on your behalf. If approved you make a second fly by of the consulate, get your visa, and returned.
  If denied, well... I hope you don't mind twiddling your thumbs for 10 years...
• Parent - Adult Son or Daughter case will be hard to prove extreme hardship with.

Another thing:
Travel on Advance Parole DOES NOT clear illegal presence. It only clears an illegal entry so someone who originally entered without inspection now has a legal entry and can adjust via an immediate relative petition. That's about it.

No harm in meeting a lawyer to discuss your options. But as I said, many years and if you can get the I-601, it will be hard.