Immigration Lawyer Ari Sauer – The Immigration Answer Man
Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
I am an 18 year old US Citizen My parents have been in the US more than 21 years. Can I petition for them to get green cards?
Question: I am a US Citizen. I am 18 years old. My parents are out of status and have been in the US more than 21 years. Can I petition for them to legalize their status without them having to leave the US?
Answer: If you are 18, then you cannot petition for your parents. US citizens must be 21 or older to file immigrant visa petitions for their parents.
If your parents entered the US with a visa, border crossing card, as part of the Visa Waiver Program, or in some other valid manner, then when you are 21 you can petition for them and they can apply for a green card without leaving the US.
If your parents entered across the border without being inspected then it becomes more complicated. If they had a petition filed for them by the end of April of 2001, then they might fall within one of the previous “amnesties” under INA Section 245(i), and then they may be able to apply for a green card in the US based upon your petition.
If a petition has never previously been filed for them, they most likely would have to go back to their home country to apply for a visa at the US consular post. However, because they have been unlawfully present in the US for more than a year, if they leave the US, they will not be eligible to get a visa to return to the US for 10 years. A waiver of this 10 year bar would only be available if your parents have a US citizen or US Permanent Resident parent or spouse, and they can show that their parent or spouse will suffer extreme hardship if the waiver is not granted. The waiver is not available on the basis of having a US citizen or US permanent resident child.
However, since your parents have been in the US more than 10 years, and have a US citizen child, they may be eligible for the relief of Cancellation of Removal should the US government try to remove them from them US. However, the requirements of Cancellation of Removal is a complicated topic which will have to wait for a different posting.
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73 comments on “I am an 18 year old US Citizen My parents have been in the US more than 21 years. Can I petition for them to get green cards?”
I welcome your comments or questions!
Ari Sauer
Ari Sauer is an immigration law attorney with the Memphis office of the Siskind Susser law firm. Ari answers questions on US immigration law submitted by readers. Email Ari Sauer to submit a question. immigrationanswerman@gmail.com
Immigration Lawyer Ari Sauer - The Immigration Answer Man 
Dear Ari
I am Father of US born daughter who is currently 18 yrs. We reside in India. When she is 21 can she file I 130 for us (myself, my spouse and a 14 yrs old son) from India Itself or does she have to ravel to US and then file I 130.
Regards
Vijay
Your US citizen daughter does not have to be in the US when she files the I-130 for you, her parents, once she turns 21. However, after the I-130 is approved and you apply for your Immigrant Visas to come to the US, she will have to file an Affidavit of Support. In order to file the Affidavit of Support she has to either be living (domiciled) in the US or she must show that she plans to move back to the US with you and reestablish her domicile in the US when you come to the US on the Immigrant Visa.
Ca my son 17 years old in the national guard can sponsor me for the green card?
No. A US citizen child must be 21 years old or older before they can petition for their parent.
I was told that an 18 year old is able to petition their parents if he is in the army
I am not aware of any provision that allows a US citizen to petition their parent before the US citizen is 21, even if the US citizen is in the military.
It is possible when they are 21?
I am currently 21 now and both parents are immigrants, I want to see what I can do.
A US citizen who is 21 or older can file a petition to sponsor their parents. But whether the parent(s) can obtain a permanent residence based upon that petition, depends on the situation. I recommend that you schedule a consultation appointment with me or another experienced immigration lawyer to determine how the laws apply to your parents’ particular situation.
Hello, my cousin gave birth in the US 8 years ago which makes their son a natural born US citizen. They raised him in Asia after giving birth in the US and now they want their son to study in the US. Since the child is a US citizen and a minor what type of visa will the parent request in the immigration since petition is not possible and have to wait for the child to turn 21. Is there a special visa for the parents to stay in the US and be with their child? Thank you!
No. There is no visa that allows a parent of a US citizen child to live in the US so that their US citizen child can go to school in the US. The parents could potentially get a B-2 visitor visa, but this would only allow them to visit, and would not allow them to reside in the US, and would not allow them to work in the US.
Can I get married at 20 and still get my parents papers after I turn 21?
Yes. Whether or not the US citizen is married does not affect a US citizen’s ability to file an immigrant petition for their parents.
I am 37 years old and US Citizen and I live in US, my mother came to US with Tourist visa the last year, her legal tourist status is already expired, I would like to create a petition and I read in immigration site that I have to fill up 3 forms I-130,I-864,I-485, I though was fine, BUT I read in a forum in google this:
(But be sure your parent does not or did not use a tourist visa, visa waiver, or some other visa as a way of gaining U.S. entry with the actual goal of adjusting status. That would be a misuse of the visa, and could lead to the green card being denied based on visa fraud.)
My question: IS THIS TRUE?
Not exactly. It is potentially true of someone who enters on a visitor visa or Visa Waiver Program, but not all nonimmigrant visas, in certain situations. But this is talking about a situation where the person entered the US on the visitor visa with the specific intent of staying and applying for permanent residence. Where the person entered on the visitor visa with the intent to leave the US at the end of their authorized period of stay, and then later decided to apply for permanent residence, this should not create a basis for denial. Although it is advisable not to apply within 90 days of entering the US in this situation. Also, there is an exception to this rule for those applying as Immediate Relatives, which includes parents of US citizens. Bottom line, this applies to different cases differently and you should consult with an experienced immigration lawyer before moving forward with an application like this in such a situation.
I’m 18 in January 27 of 2019 my only wish to give my mother us citizen papers but that’s 3 years from now when I’m 21 years old and that’s offically possible but I still want a head start on the requirement and some referrals for when the time of Christmas 2022 comes I can give it to her as a gift I currently am a student in school I am in 12th grade and and my mom has been in the us for about 25 years anything I need to know ahead of time ?
The best thing you can do right now is for you and your mom to have a consultation with an experienced immigration lawyer to discuss how your mom’s particular circumstances and history will affect her ability to obtain permanent residence through your sponsorship. You can’t file the petition until you are 21. But if, for example, an attorney would need to first obtain copies of your mother’s files from the government, that can be done ahead of time. If you would like to schedule a consultation with me to discuss this further, you can use this link to schedule an appointment. https://app.acuityscheduling.com/schedule.php?owner=15226327&appointmentType=7323684
I am an 18 year old who came to America in 2012 with my parents we are not American
I finished high school and not to go to college
my parents are not able to work. my question is what can we do to get the immigration prosses ?
I couldn’t tell you what options might be available to you and your parents without first having a full consultation with you. You can use the following link if you would like to schedule a consultation appointment with me to discuss your options. https://app.acuityscheduling.com/schedule.php?owner=15226327&appointmentType=7323684
My daughter 18 US citizens and has a special needs she and I need assistance. There’s away she can petition us?
Unfortunately, a US citizen must be 21 in order to be able to petition for their parents.
Hello Mr. Sauer, I am currently 19 and will be turning 20 in a couple of weeks. I know that I have a year left until I can start the process of petitioning for my parents. My question is: Can I do anything right now that will help me with the process when I turn 21?
Thank you for your time.
Additional information: Both parents are currently living in the United States and they both entered into the United States with their visas 20 years ago.
The best recommendation I give you is for you and your parents to have a consultation with an experienced immigration lawyer to get a full assessment of your parents’ situation and any obstacles that you may be facing when you are ready to sponsor them for permanent residence when you turn 21. It is best to do this now, rather than waiting until you are 21.
If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm: http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
I’m 18 years old and a us citizen. My dad left the united states 7 years ago on his own will. I know i can sponsor him until i turn 21. If he comes to rhe united states with a tourist visa and stays until my 21st birthday can i still adjust his status? Thank you
It depends. If your dad is subject to a 10-year bar, under INA 212(a)(9)(B), then he would need an I-601 hardship waiver if he were to return to the US on a visitor visa without first spending 10 years outside the US. In order to be granted the waiver, you must be able to show that a US citizen or Permanent Resident parent or spouse would suffer extreme hardship if the waiver is not granted. Children are not qualifying relatives for the waiver. Alternatively, if your dad is subject to the “permanent” bar, Under INA 212(a)(9)(C), then he would not be able to adjust his status his status even if he had a US citizen or Permanent Resident parent or spouse. He would benefit from consulting with an experienced immigration lawyer in order to determine where he stands and what will need to be done for him when you are able to sponsor him.
Hi, I am an 18 year old U.S citizen, studying and work as well. We have no contact with my father. He abandoned me my mother and my younger brother who is now 16 years old, many years ago. We were financially supported by my maternal uncles and other family members till now. I moved to the U.S a year ago to work and earn for my brother and mother. My mother and brother are living in another country. My mothers sick and its really hard to live here alone, and its harder to support them living in another country. Is there any way by which i can call them here to live with me? Any way possible>
It is very possible that there is not a way for you to bring your mother and 16-year-old brother here now. But unfortunately, I could not say for certain without having a full consultation appointment with you.
my mother had a Voluntary leave back in 2010 after 10 years being in the country without papers. am trying to bring her legally because my husband just got deploy and we move to a new state where we barely know people to trust our kids after school. if theres a way she can come to help me with the kids and emotionally or i have to wait those 10 years bar no matter what and figure out myself. thank you
Unfortunately, if a foreign national is subject to a 10 year bar for Unlawful Presence under INA 212(a)(9)(B), then they need to wait out the 10 years or get a waiver based on a showing of extreme hardship to their US citizen or permanent resident spouse or parent, in order to be able to come back to the US to live as a Permanent Resident (assuming they are otherwise eligible). If they do not have a US citizen or Permanent Resident spouse or parent, then they are not eligible to apply for the waiver. In certain circumstances, it might be possible to obtain a waiver of the bar for the purposes of receiving a nonimmigrant (temporary) visa under INA 212(d)(3), but that would require someone to be eligible for a nonimmigrant visa and ALSO to be eligible for the 212(d)(3) waiver, and even then they would only be coming to the US temporarily.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. If you would like to schedule a consultation appointment with attorney Ari Sauer you can call 901-507-4270. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The views and statements expressed on this blog do not necessarily reflect the views of the Siskind Susser law firm. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed
Hi, first of all thank you for responding to all the questions, I tired to look for the answer for the my question but unfortunately couldn’t find it.
I am a US Citizen I want to sponsor my wife and 17 years old son. Do I need to submit separate petitions for them or one petition will work for both. Is there any age limit for the kids to be included in parents petition.
Thanks
Pancoo
A spouse of a US citizen falls within the Immediate Relative category, Children of Immediate Relatives cannot be included in their parent’s Immediate Relative petition. So a US citizen must file separate petitions each for their spouse and for any children.
Dear Sir,
My cousin, is now 18 years or age also a us citizen
Your mother And father was also a citizen of the USA but Your mother shedied at November 9,2009 in Bangladesh,
important information is with his father like his passport and Social Security.I would like to go to the police station directly so that he is safe. father is returning to Bangladesh in December in attempts to take the land and gold for himself. is now 18 years old and he wants to go his home. Please help him to live his life.
I am sorry, but I am having trouble understanding you question.
Hello I am a foreigner married to an American and we have four children born abroad who are American citizens as well. We decided to move back to the US before any petition was submitted for myself. So now we are all in the US – them as citizens and me as a tourist. I am now in the middle of my 6months valid stay. Question 1: Can we file the petition here in the US on account of hardship that my spouse and little ones could experience if I left them here and go back and “stay put” in my homeland while the petition is running its course? Question 2: As there are still about three months before my stay expires, can we mail the Form I-130 from here all the way to my country’s US Embassy so that they receive it soon and the process kicks in already? We are thinking of doing this to lessen the waiting time but afraid it might boomerang and affect my approval later on. Any advice on those questions will be highly appreciated. Thank you!
I am sorry, but you have a lot of misconceptions mentioned within this question. Unfortunately, it would not be easy for me to straighten out your misunderstandings of the immigration process here, in response to a blog comment. You would definitely benefit from having a full consultation with me or another experienced immigration lawyer.
If you would like to consult with me to discuss this further, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The views and statements expressed on this blog do not necessarily reflect the views of the Siskind Susser law firm. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
Hi.i just married a US citizen and my 19 year old son is staying with me who is in a B2 status.can i include him in filing for adjustment of status ?
When a US citizen marries someone with a foreign national child, before the child’s 18th birthday, they usually are able to petition for the child as the child’s parent. However, where the marriage occurs after the child’s 18th birthday, the US citizen step-parent is not considered a “parent” of the step-child and therefore cannot petition for them. Since those being sponsored as Immediate Relatives (Spouses, parents, and unmarried minor children of US citizens) cannot have derivative beneficiaries, the step-child cannot obtain an immigrant visa or Adjustment of Status as a derivative of the petition that the US citizen parent filed for the biological parent. In such a situation, the biological parent would have to first become a US Permanent Resident and then file their own Second Preference petition (F2A or F2B) for the child, and the child would have to await a visa becoming available under the DOS Visa Bulletin.
If you would like to consult with me to discuss this further, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The views and statements expressed on this blog do not necessarily reflect the views of the Siskind Susser law firm. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
I’m 17, a US citizen and have just enlisted to US military. Can I now petition for my parents who have been living in the US for many years, holding CW visa?
Unfortunately, no. There is no exception to the requirement that US citizens must be at least 21 years old in order to be able to petition for their parents.
If you would like to consult with me to discuss this further, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The views and statements expressed on this blog do not necessarily reflect the views of the Siskind Susser law firm. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
Hi,
I would like to ask you if an 18 years old can start a naturalization process
since she is a permanent resident for almost 5 years? They ask the tax return for 5 years back, but she never filled any tax return. Will shestill be able to apply for?
Yes. Not everyone is required to file a tax return. If your income was not sufficient to require you to file a Federal Income Tax Return for that year, then USCIS will not require you to have filed for that year. Also, most teenagers file together with their parents as their dependents. In that case, you would provide USCIS with the filing from your parents, with you listed.
If you would like to consult with me about applying for naturalization, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The views and statements expressed on this blog do not necessarily reflect the views of the Siskind Susser law firm. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
I’m an 18 year old U.S citizen and my mom(non-U.S citizen) has lived in the U.S. for almost 19 years now. She’s currently in a domestic abuse situation, but won’t do anything because she’s afraid her kids will be taken into the system, since she is not a U.S citizen. I know I have to be 21 to be able to help my mom get a green card, but is there a way I can start the whole process? So by the time I turn 21 it won’t take as long. I don’t know how this whole thing works, and clarity would be great. Years ago, my mom reported her current partner to the police for domestic abuse, so now it’s on his record. Despite his abuse she didn’t leave him. She isn’t employed, her partner has his own business, landscaping, and she’ll work with him when he needs her. Other than that she’s a stay at home mom. Does this affect her possibility of getting citizenship?
Unfortunately, no. You cannot apply for your mother until your 21st birthday. If you were to file a petition for her sooner, USCIS would just deny it.
But, ff your mother would like to leave her abuser, and the only reason why she won’t leave her abuser is because she is afraid because of her immigration status, then she should consult with an immigration lawyer about the possibility of a U visa. But to be eligible for a U visa, she must be willing to report him to the police and to help the police to prosecute him for the domestic violence. There might be some other options available for her. Unfortunately, I am not the biggest expert on immigration issues for victims of domestic violence. So I would recommend that you consult with an immigration lawyer who focuses on such issues. Also, there are certain shelters for domestic abuse victims who can provide legal advice on immigration issues, as well as help abuse victims with the many other issues that arise that keep victims from leaving their abusers. Hopefully you can help her to connect with such a shelter. I wish you and your mother the best.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The views and statements expressed on this blog do not necessarily reflect the views of the Siskind Susser law firm. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
I need to file the application for naturalization for my son who is 19 years old. I live in Texas & my son is currently studying for his undergraduate program in state of Denver (from August 2017).
Should i mention his Denver residence as his current recent residence or should i give my home address as his current residence?
When a college student is a dependent of their parent and does not have a permanent residence of their own, they can choose to list the address of their parents as their address of residence. So which address the applicant chooses to list often depends on which USCIS office they would rather have jurisdiction over the application, and where they would prefer to have their USCIS interview for the application. Although if the applicant chooses to use their address at school, it is important to know that applicants for naturalization must have resided at their address of residence for at least 3 months before they are eligible to apply for naturalization. Also, if the applicant will be changing addresses within the next 12 to 18 months, or they live somewhere where they do not reliably receive their mail, they may want to use their parents’ address.
If you would like to consult with me to discuss this further, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The views and statements expressed on this blog do not necessarily reflect the views of the Siskind Susser law firm. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
Hello i have a two question to ask you,
I am a 18 year old and my sister is 16 year old my father became U.S Citizenship when i was 10 year old and my sister was 8 year old, but then he pass away after one year when he got his U.S citizenship. Am I eligible and my sister to become a U,S resident or a green card holder?
My grandfather has been a U.S Citizenship for twenty five year now and my mother want to become a U.S Citizen or U.S resident can my grandfather grant her daughter to become a U.S Citizen or a U.S resident?
Lali, I can’t answer your question without first having a full consultation appointment with you to find out you and your family’s full immigration history, so I can determine if there are any options available to help you.
If you would like to schedule a consultation appointment with me to discuss this further, or to hire me to handle you case, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The views and statements expressed on this blog do not necessarily reflect the views of the Siskind Susser law firm. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
Hi, I’m a 20 year old U.S. citizen born in Oregon and I was wondering if I could start the process to petition for my mother or would I have to wait until I’m 21?
You can start preparing the application, but you cannot file the petition for your mother before your 21st birthday.
If you would like to schedule a consultation appointment to discuss your situation with attorney Ari Sauer, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. https://goo.gl/N9sBtY
Hello I am a 24-year-old U.S. citizen and I want to sponsor my 59 year old Mother who is a green card holder for her citizenship. She is currently living in California and has lived legally in the U.S for 19 years. She is intimidated by the test since she is not very fluent in English and although she studies the practice questions she struggles memorizing the answers. Can I petition for her citizenship or does she have to do it on her own?
You can help her to fill out her application, if that is what you are asking. But she has to file her own application for naturalization. You can’t “sponsor” her for citizenship. You say she has been living legally in the US for 19 years, but you don’t say whether she has been a permanent resident (green card holder) for that long. Someone who is at least 55 years old and has been living in the US for at least 15 years as a permanent resident (green card holder), or someone who is at least 50 years old and has been living in the US for at least 20 years as a permanent resident, is not required to be able to speak, read, or write in English. Someone who is eligible for an exemption from the English requirement is allowed to have a translator at their naturalization interview.
If you would like to schedule a consultation appointment to discuss your situation with attorney Ari Sauer, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. https://goo.gl/N9sBtY
Hi, I am writing here since I couldn’t find an answer to my question anywhere. I turned 18 five months ago and we live in europe. I was wondering how I could get my parents to have greencards. I am a US citizen born in Missouri. Can I apply for their greencards now? There is literally no clear answer anywhere. Thank you
Unfortunately, US citizens cannot file a petition to sponsor their parents for US permanent resident (green card) until they are 21 years old or older.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. https://goo.gl/N9sBtY
i am 18 years old and from england we have lived in the us for around 8 years now and my mom has a work visa. This only allows my mom to work and not the rest of the family. This is very frustrating for me because i cant get a job to pay for collage or buy a car. how do i apply for my own visa or get a green card. most of my family are not us citizens only my uncle who married a us citizen. How do i get a visa or a green card as soon as possible to start being able to take care of my self and not having to rely on my parents please help me.
Alex. I do not have enough information about the situation to be able to answer this question. Each visa category has very specific requirements. You would need to have a full consultation with me or another experienced immigration lawyer before someone could tell you what options, if any, are available for you to obtain work authorization or to switch visa categories.
If you would like to schedule a consultation appointment to discuss your situation with attorney Ari Sauer, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. https://goo.gl/N9sBtY
Im 22 years old, I came to the United States when I was 10 years old, by my father, who’s a US citizen. My question is, Do I have to fill out an application since Im not under age??
I do not have enough information about the situation to be able to answer this question. It is unclear from your question what status you have been in and what immigration benefit you would like to apply for. I recommend you have a full consultation with me or another experienced immigration lawyer before someone could tell you what options, if any, are available for you.
If you would like to schedule a consultation appointment to discuss your situation with attorney Ari Sauer, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. https://goo.gl/N9sBtY
Hi, I’m a Software Engineer and I have lived and worked legally in the US back in 2000/2001 under a J-1 visa. My daughter was born in Dallas/TX in 2001. I’m currently working for an American Multinational Company in Ireland. There is a possibility to get a L1 (maybe even a H1-B) visa through my employer for relocation to the US, with my whole family. I’d like to know if my daughter, once she turns 21 of course, can apply for our Greencard, even though she will still be living under my expenses and not working, probably in college then.
A US citizen who is 21 can petition for their parents for permanent residence (green card), as explained above. However, all family-based immigrant petitions (Form I-130) will eventually require the Petitioner to submit an I-864 Affidavit of Support when the beneficiary foreign national applies for the Immigrant Visa or Adjustment of Status to become a permanent resident. So if the US citizen child is not employed and filing US federal income tax returns at the point when the foreign national parent is ready to file the Immigrant Visa application or application for Adjustment of Status, they will require a co-sponsor to file an I-864 Affidavit of Support as well.
If you would like to schedule a consultation appointment to discuss your situation with attorney Ari Sauer, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. https://goo.gl/N9sBtY
Why is the age 21 instead 18?
18 years old are considered adults, and 21 is just for drinking. Are they just trying to make things more difficult?
Has been any effort to change this law and use 18 years old as mark?
Al, That is how Congress created the law. 21 when petitioning for parents, 18 when petitioning for anyone else. Congress was worried about situations where someone had a child in the US so that the child would be a US citizen and then could eventually petition for them. So they made the age 21 to petition for parents. I agree with you that it is unfair that Congress did that, but it is within their power to do so. If you would like to see the law changed, then you should contact your Senators and Congressman and urge them to change the age to 18, and you should encourage everyone you know to do as well. If enough people call their Senators and Congressman, then they would change it. At this point, though, on the list of things that we need changed in the US immigration laws, most people would say that one is pretty far down the list.
I am a 21-year-old U.S. citizen and I want to sponsor both my parents for a green card. They both currently live in Mexico, but they have lived illegally in the U.S. before; they did not they entered legally. I have been looking into Consular Processing and I am aware of form I-130. On form I-130, question c. 13 asked if my parent has lived in the U.S. before. I am afraid to put yes ( know there is no other option), as they never entered the U.S. with visas (immigration history). If I file will they not be eligible to get a visa to return to the US for 10 years?
Alondra, I cannot answer questions here that are specific to someone’s particular situation. I don’t know enough about your parents’ situation to say what they can or cannot do. To answer your question generally, you do have to answer the questions on the I-130 honestly. If your parents are subject to a 3-year bar or 10-year bar for unlawful presence [INA 212(a)(9)(B)] the fact that you file an I-130 or do not file an I-130 does not change that fact. When they apply for the immigrant visa, they will have to honestly answer the question as to whether they have ever been in the US. Also, if you are a US citizen because you were born in the US, then that fact itself is enough for the US government to figure out that your mother has been to the US before. I recommend that you consult with an experienced immigration lawyer before you do anything, so that you can get the answer to this question as it applies specifically to your parents, as well as to see what options may be available to them.
If you would like to schedule a consultation appointment to discuss your situation with attorney Ari Sauer, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. https://goo.gl/N9sBtY
I am 21 and I want to apply for my parents green card They have been in the US working with a workers permit BUT they did enter the US illegally. Would they have to leave the country? If so how long?
I am 19 years old can I apply for US Green Card
I am sorry, but it is not clear what your question is. I need you to provide more information about what your questions is. Also, I probably would need a lot more information about your situation before I could possibly answer your question. You can try clarifying your question here, or you can contact me to schedule a consultation appointment to discuss your issue.
f you would like to have a consultation appointment with me to discuss your question, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
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I’ve been in America since 2007 under a military visa A-2. I have 3 children who were born in the U.S the oldest child is 18 years old. Would there be any chance to get issued a green card if the 18 year old is holding a small business and is paying taxes.
Your child will not be able to sponsor you for permanent residence (green card) until she turns 21. The fact that they have a small business and pay taxes is not relevant. If you cannot wait until then, then I would suggest having a consultation with an experienced immigration lawyer about whether you might be eligible to apply for permanent residence based on a National Interest Waiver or on another basis.
If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
Can a 18 year old student get a residency card?
Unfortunately, You cannot become a US Permanent Resident based solely on the fact that you are a student. But some students have other avenues available to become a US permanent resident. You will need to consult with me, or another experienced immigration attorney, to determine what options are available now, or what options might be available in the future, to eventually become a US permanent resident.
If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
* This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.
My friend was born here in the U.S. Her parents had legal status but never became citizens, they made her move to Germany but she will be coming back alone this summer to visit me, she is 17 and does not want to go back to Germany, can her parents force her once she is here? And if she stays with my family can we get in trouble?
I am sorry, but this is not an immigration law question. I would suggest that you consult with a local family law attorney.