Long story short: My mom and I came from a foreign country to U.S. 10 months ago and now we're under illegal status on the country. My stepfather, who's also from the same country as my mom and I, passed the citizenship test and now will become a citizen. I know that the relation between my stepfather and my mom regarding the green card is pretty straight forward, but since they both married before I turned 18 (I'm 17 yo) and before he turned into a citizen, and he became a citizen before I turned 18, I was wondering if it's possible for us to apply for legal residents for me and my mom together coming from my stepfather, or my mom has to pass to me after she gets from my stepfather? Thanks, and please no hate regarding the subject.
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If you entered the U.S. legally 10 months ago, even if your visa stay is now expired, your newly-naturalized stepfather can petition and adjust status of both you and your mom separately.
-Ray B
Originally posted by Ferdinand Lawrence View PostLong story short: My mom and I came from a foreign country to U.S. 10 months ago and now we're under illegal status on the country. My stepfather, who's also from the same country as my mom and I, passed the citizenship test and now will become a citizen. I know that the relation between my stepfather and my mom regarding the green card is pretty straight forward, but since they both married before I turned 18 (I'm 17 yo) and before he turned into a citizen, and he became a citizen before I turned 18, I was wondering if it's possible for us to apply for legal residents for me and my mom together coming from my stepfather, or my mom has to pass to me after she gets from my stepfather? Thanks, and please no hate regarding the subject.
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Originally posted by rayb View PostIf you entered the U.S. legally 10 months ago, even if your visa stay is now expired, your newly-naturalized stepfather can petition and adjust status of both you and your mom separately.
-Ray B
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The two immigrant petitions can be submitted before the completion of the Naturalization, but he would have to change petition status after he has the Naturalization certificate.
My advice would be to hold off submitting I-130's for both of you until stepdad has his Naturalization certificate, so that an "immediate priority" petition status will then exist.
--Ray B
Originally posted by Ferdinand Lawrence View PostThanks for the answer. And yes, my mom and I entered the country legally, but due economic problems my stepfather citizenship test and application were delayed two times, so we became illegal residents. Could you also tell me if the resident application can be done right after the relative (stepfather) passes the test, or do we have to wait until the pledge of Oath and the ceremony? Thank you again.
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Originally posted by rayb View PostThe two immigrant petitions can be submitted before the completion of the Naturalization, but he would have to change petition status after he has the Naturalization certificate.
My advice would be to hold off submitting I-130's for both of you until stepdad has his Naturalization certificate, so that an "immediate priority" petition status will then exist.
--Ray B
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