Legal Question in Immigration Law in Virginia
My mother became a Resident when I was under 21, and because she got married will obtain her citizenship next summer. she filed the i-130 for me when I was 20, and she got a paper saying that i was unelegible for that right now but that they would keep the form for later. My mother says that this locked in my age and we have to send that letter when she becomes a US citizen so that I can become an immediate relative. Is this true? I heard that this only worked if she naturalized before I was 21 not after.
Thanks
2 Answers from Attorneys
Due to your age, your mother can only petition for you once she naturalizes to become a US citizen. Your wait will be shorter if she petitions for you while you are still single. If you are intending to marry, I would suggest that you put it off.
When your mother petitioned for you as a green card holder, you fell under a category for which there is no visa available right away. If you are married, your mother could not petition for you while she was a green card holder because there is no category for married sons or daughters of legal permanent residents. Once your mother obtains her citizenship, you will then fall under another category depending on whether you are married or single. As you can see, more details are needed from you to adequately address your question. Please feel free to contact me to discuss this matter further.
Seeta L. Nangia, Esq.
Law Offices of Seeta Nangia
Exclusively Practicing Immigration Law
Phone: (415) 273-9123
Email: [email protected]
Website: www.nangialaw.com
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