Legal Question in Immigration Law in California

Hello:

She can apply for her green card through your step father, if they are still married. He can file an immediate relative immigrant petition for her if he is a permanent resident or a US citizen. Right now, it would be a faster process for your mom to get her green card if your step dad was a US citizen. Is there any reason why he is not one?

If he would like to petition your mother, he can start that process while he is a permanent resident, so she has something filed for her. Then he can apply for his US citizenship and change his status as her petitioner on her application, once he becomes a US citizen. The process to become a US citizen is about 6 months. The process for your step dad filing a petition for your mom while he is a permanent resident is about 3.5 years (if you file in CA), with an additional 1 year wait for those from Brazil. If he changes his status to US citizen, the process is 5 months for your mom's green card right now if filed in California...which is a lot faster.

I can certainly assist you with any of these applications, should you need it.

To discuss your case further, you can call me at 714 288 0610 or email me at ellaine@eloretolaw.com. Our office offers a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

It's possible for her to obtain lawful permanent residency should your parents still be married and he is now a US citizen.

You may find comprehensive information on the process here: http://www.msclaw.com/Green_Card_for_Spouse.html

My consultations are free and I charge a flat legal fee of $950 for the entire process.