Petition for mother's residency

i will be turning 21 in november 2011. i would like to petition for my mother's residence. she is from mexico and has been living in the US illegaly for over 21 years. i was planning on getting married this year to my boyfriend in the navy. i was wondering if i can still get married so i can petition for my mom. and if being married or not will delay the process. Do i have any other options?



Phil's picture

Hi, thank you for posting

Hi, thank you for posting your question. Assuming you are a U.S. Citizen you can apply for your mother as an immediate relative of a U.S. Citizen once you are 21. It does not matter if you are married or not except that it may effect the income requirements for the Affidavit of Support. The bigger issue in this case is your mother's illegal presence in the U.S. Unless certain very specialized exceptions apply, she will not be able to apply for residency in the U.S. which means she will have to return to Mexico. When she applies to return to the U.S. she will be barred for 10 years unless she can obtain a waiver of this bar. This is a very complicated case so you need to fully understand what will need to be achieved to obtain residency for your mother. This is not the type of case you should handle on your own.

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