Legal Question in Immigration Law in Texas


I entered United States on Feb 13.,2001 on a B1/B2 visa. I applied for a change in status to F1 in August of 2001 which was granted February 2002 . But I left school in 2002 and overstayed the visa. My mother immigrated to United States through an Immigration Petition filed on her behalf by her brother on Oct 26. 2005.We met with an attorney who said that my mother can apply for my immigration but there are no guarantees that I will be able to get it due to my status.

At that time my age was 23 and I decided to wait to apply for immigration until she gets her citizenship. She has applied for her citizenship and hopefully will be granted that by the end of this year 2010.

What should I do now. ?

What are my chances to get permenant residence if any ?

Asked on 11/21/10, 12:06 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

Your mother can petition for you even now (as a permanent resident) if you are not married. However, you will not be able to apply for adjustment of status (obtain a green card) through your mother's petition because you are 23 years of age and live in the USA illegally or out of status.

There could be some other legal options available to you.

If youd like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and Id be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and Ill send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesnt create an attorney-client relationship. For more information or to schedule a consultation, please visit

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Answered on 11/26/10, 12:17 pm

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