I am a American citizen and married, how do I apply for my mom green card?

Asked over 1 year ago - Floral Park, NY

She has been in the US more than 24yrs..

Attorney answers (9)

  1. F. J. Capriotti III

    Contributor Level 20

    6

    Lawyers agree

    Answered . In the US for more than 24 years???????

    Did she have a visa when she entered? If so, does she still have her old passport & I-94.

    If the answer to either of these questions is no, you need to meet with an immigration attorney.

    Even if the answer to both is yes, you'll benefit from meeting with an immigration attorney.

    Good luck.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Alexander M. Ivakhnenko

    Contributor Level 20

    5

    Lawyers agree

    Answered . You must have a competent immigration attorney review your mother's case in person for AOS eligibility on merits.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  3. Mark Robert Barr

    Contributor Level 16

    4

    Lawyers agree

    1

    Answered . The overview is as follows. You will be filing an Immediate Relative Visa Petition, on Form I-130. You will have the burden of proving to the government that your mom is really your mom. At the same time, your mother will file her green card application, on Form I-485. She will have the burden of proving that she's "admissible" to the U.S. In other words, she will need to show that despite being the beneficiary of an approved I-130, there is nothing in her criminal, immigration, marital, financial or financial background that would prevent her from receiving residency.

    That is the overview in very broad strokes. For more information, you might start by visiting the USCIS website, or meeting with a good immigration attorney in your area.

    Good luck!

  4. Karen-Lee Pollak

    Contributor Level 19

    4

    Lawyers agree

    Answered . Consult with an immigration attorney. The procedure cannot be explained on the message board alone. There are many documents that are required to be filed.

  5. Francisco Javier Alvillar

    Pro

    Contributor Level 11

    4

    Lawyers agree

    Answered . Her manner of entry, how many times she entered, when those entries occurred if there were multiple reentries, her criminal history, her immigration history including any past petitions that were filed for her are some of the things that need to be considered aside from your status as a US citizen. I would consult with an immigration attorney to assist you with this process. Make sure that you take the attorney any and all paperwork that you have in your possession so that he or she can review them.

  6. Justin G. Randolph

    Contributor Level 16

    3

    Lawyers agree

    Answered . Hi, it really depends on her entry and past immigration history. Contact an attorney to discuss as recommended by my colleagues.

    My answering this question does not form an attorney-client relationship. Always retain a qualified attorney... more
  7. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . Whether it is possible, depends on whether she can prove she entered the US legally.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  8. Calvin T. Sun

    Contributor Level 15

    2

    Lawyers agree

    Answered . Agree with colleagues. A key question, but not the only one, is the way mom entered the US. If "without inspection," the process becomes much more complex.

  9. Danny Garmo

    Contributor Level 13

    2

    Lawyers agree

    Answered . I agree with my colleagues. Many issues need to be addressed. Most importantly is the manner of entry, legal or illegal? Can you document entry if the entry was legal, or with inspection with an I-94 card and or U.S. Visa and its entry stamps.

    Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an... more

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