Family of Green Card Holders - Is there a way to legalize me?

Hello, I am 23 years old Visa-overstay, currently under DACA.

My mom recently got her green card few months ago through a marriage, and I was wondering if there is a way for her to petition me. I always thought it was only possible for her to petition my younger sister who got petitioned when she was under 18 years old.

But recently my friend tells me otherwise, and told me her friend (24 years old) with DACA recently applied for green card through her mother with a green card (not citizenship). And her lawyer told her that it will take 5 years to obtain the green card. But as long as her application is approved (which takes approx. 1 month), she can get her legal status.

Does anyone have any knowledge regarding this? Help would be appreciated.

Referring to:
https://www.uscis.gov/family/family-...nent-residents

If you are a lawful permanent resident (green card holder), you may petition for the following relatives, as long as you can prove the relationships: Husband or wife; Unmarried child under 21 years of age; Unmarried son or daughter over 21 years of age.


Depending on what country you are from, getting a GC this way may take a while if you are eligible.


For Mexico , India and China I hear is something like 20+ years.

Thank you for the response!

I am from South Korea. And I hear that it takes several years regardless.

But I'm just wondering if the application gets approved, will I be able to continue working/driving legally? Or nothing takes in effect until the green card is given to me after the wait?

I believe the process works the following way.

First your relative will petition for you with an I-130.

After it gets approved you will go to the back of your countries line, with nothing in hand. You will wait for a Visa to become available to you.

At the point the visa becomes available to you lets say 7 years from now, you will be notified and you will then be able to file adjustment of status.

With adjustment of status you will be able to apply for a work permit and advanced parole if required.


Long story short, you will not have any benefit granted until the AOS application gets submitted which will be towards the end of this process.

What about the 10 years ban?

Oh wow, that sounds like a very long process... thank you very much for breaking it down for me.

Weird because on my original post up there, I mentioned this friend of a friend who is 24 years old, and is applying for I-130 through petitioning under her mom's GC. Yet she doesn't have to go back to South Korea and apparently she gets benefits while she waits for the GC approval.

Maybe something is missing in that story but I had some hope after hearing that

I would try to do some research, I am not 100% familiar with the sibling process. But I know for sure it is a long process. The part I am not sure about is whether they have to face the 10 year ban.

I know that it is only people who marry USC who can get around that.

yes you can. she can petition for you and by the time your visa is available, she has to file the i601A for an unlawful presence waiver. it might be hard proving hardship though unless your parents is old or sick somehow because the hardship would have to be incurred by them. then once it is approved, you can go back and interview in south korea without getting a ban.

You should find a lawyer that offers a free consultation right away. My grandpa who is a US CITIZEN petitioned my mom and pretty much all 5 of his kids for papers. They were petitioned in 1997 and they are still waiting but they were recently told their turn us coming up but it's a wait. I'd start the process ASAP though unless a lawyer stated other wise but it is definitely possible and one recommendation is if you are single and your mom petitions you, don't get married. My aunt who was petitioned under my grandpa got married and since she was the only child under 21 who was being petitioned, her process was expedited. A couple years later she married and lost her status because she was petitioned as a single child and since she married, she voided her application.

Lol yeah, unless you marry a USC, then you would be better off marrying. Better than waiting.