Legal Question in Immigration Law in Georgia

My mother who is currently a legal resident petitioned me with form I-130 on 06/10/2009. She will become a citizen on September 2010. She received an approval letter on 12/28/09 saying that I need to wait for a visa to be available. I am not married yet, but I was told that when my mom becomes a citizen, if I married my current partner she can submit another form to adjust my visa type category and also ask for both of us. He entered the country illegally in 1993 and can prove he has been here ever since. Would we both be able to get our papers without having to leave the country? I did enter with a tourist visa and over stayed in 2001.

Asked on 1/24/10, 6:56 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

How old are you? How did you mother had become a permanent resident and when (through whom)? What is the status of your fiance, if any, had he ever applied for any benefits with INS, court, USCIS? etc.

No, both of you (you and your future husband) can't adjust status through your mother's petition. You might be eligible for adjustment of status if you are single and under 21 years of age AND your mother is a USA citizen.

When she becomes a citizen, a petition can be upgraded, there is no need to file a new one.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] or LubaSmal [@] . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website for more details.

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Answered on 1/29/10, 7:07 pm
Marc Seguinot Seguinot & Associates, P.C.

I recommend that you speak with an immigration attorney immediately. A visa will not be available for some time, and you cannot simply sit around here in the U.S. waiting for it unless you have some form of lawful status. So find out what is permitting you to remain in the U.S. while you await the visa. Secondly, your fiance will not be able to adjust his status in the for the major reason that he entered without inspection and must return to his country to consular process in. There are many facts you would have to provide in order to get a good well-rounded assessment of your case, so I suggest you contact a good immigration lawyer. You can reach my office via web site at Good luck.

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Answered on 1/30/10, 5:32 pm

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