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Am I eligible to receive a Green Card?

New York, NY |

Hi. I'm a 19-year-old UAE citizen. My mother is a single mom. She is going to marry a US citizen next year. I will be 20 at the time. My mom can surely get the Green Card because she is the spouse of a US citizen. I was wondering whether I am eligible to receive the Green Card at the same time, as the unmarried child under 21. Thank you very much!

My mom and I are currently living in UAE, but my mom has a house in California and goes there regularly. I will stay in UAE to finish my college. The marriage is expected to take place in the States.

Attorney Answers 3

Posted

Additional information, such as where you and your mother are currently living, where the marriage is expected to take place, etc. are needed to answer your question. You should contact an immigration attorney for a thorough consultation on your case.

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Asker

Posted

Thank you so much for offering your help! I've added some more details. Are they helpful? Please let me know, thanks a lot!

Asker

Posted

Also, in this situation, after the marriage, I will not be considered as "adopted" by the US citizen step father, right? Thank you!

Ksenia Alexandrovna Maiorova

Ksenia Alexandrovna Maiorova

Posted

Yes, the additional information helped. Please see my analysis below. No, you will not be considered adopted by your step-father. Should you decide that you want to be adopted by him, there is a separate process that goes through state court. You would have to consult a family attorney in the state where you will all be residents to determine if it's possible (given your age) .

Posted

No. I am afraid you do not qualify for a green card due to your mother's upcoming marriage to a US citizen. To qualify, step children of U.S. citizens must be younger than 18 years of age prior to the parent's marriage to the US citizen.

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Posted

That was very helpful! Thank you so much!

Ksenia Alexandrovna Maiorova

Ksenia Alexandrovna Maiorova

Posted

I disagree with Mr. Behar's analysis. The requirement that the marriage take place prior to the child's 18th birthday is applicable in cases where the couple is already married at the time of filing and the U.S. citizen is filing for his wife and step-child, not his fiance and her child. If the mother is coming on a K-1 fiance visa and the marriage is to take place in the U.S., the child can enter with the mother on a K-2 visa, as her derivative, as long as the child is unmarried and under the age of 21 at the time of admission.

Posted

Sorry, no, you are too old to qualify under your mother.

___________________________________________________________
Franco Capriotti - Senior Immigration Counsel
CAPRIOTTI INTERNATIONAL LAW
franco@capriotti.com -- 1-503-803-0055 -- www.capriotti.com
SKYPE MULTI-PARTY VIDEO AVAILABLE
___________________________________________________________

IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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Posted

Thank you very much!

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