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My mother is a US Citizen and I'm not. If she petitions for alien relative (I-130 form), will my legal status change quickly?

San Jose, CA |

My mother is a US Citizen, and I'm an international undergraduate student (24 years old, unmarried). If she petitions for alien relative using the I-130 form, will my legal status change any time soon (in less than 1.5 years) or does it only changes after a few years when I get my green card? Can a scholarship sponsor find out about it (while I'm in the waiting process) through my I-20 when I apply to grad school? Thank you!

Attorney Answers 3


  1. USC mom can apply for you. To adjust status down the line, you will continue to maintain lawful status. Keep in mind though that your F-1 may not be extended considering the I-130 filing and the immigrant intent.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  2. Petition for you with an I-130? Yes
    Will your legal status change any time soon, less than 1.5 years? Sorry ... it is 7 to 14 years, depending on your nationality.

    Scholarship Sponsor 'finding out' .. not if you don't tell them.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. If you marry a U.S. citizen, you are eligible to adjust status immediately...also, if there is comprehensive immigration reform, you may have an option open up sooner than 1.5 years.

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