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My mother is a US Citizens , and I am an F1 student over 21 years old and unmarried . Can I apply for a Green Card ?

San Jose, CA |

My mother got her citizenship through naturalization ( she was a green card holder ) . I know I can apply but I am afraid that I will be rejected or get in trouble because I'm an F1 student graduating in 1 or 1 . 5 years . What is the best thing to do ? And if I apply and get rejected , will I have to go back home to re - apply for a student visa ? Please advice . Thanks !

Attorney Answers 6


  1. You mother can file and I130 for you to sponsor you for a green card, but you will have several years to wait. However, consult an attorney,as under certain conditions you could have received derivative citizenship through your mother.


  2. She can petition for you. Will take around 4 years.


  3. More information is need to give you appropriate feedback. When your mother became a USC, what was your status? How old were you when your mother became USC? What sort of "trouble" are you concerns you? Do take your concerns to an experienced immigration attorney for guidance.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


  4. your mom can petition for you, but it will be a while since you are over 21. While the case is pending you have to maintain lawful status if you are in US. If you need to extend/change F-1 - you may have an intent problem.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  5. Your mother may file an immigrant visa petition, but it will be a significant wait for an available priority date. You will want to consult with an immigration attorney to discuss your situation and options.


  6. I agree with the answers you have been receiving. As it is very fact dependent, do contact an attorney. Even if it takes you four years, if your intention now is to stay, start the process as soon as you can. Feel free to contact me for a consultation.

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