Born to PR parent outside US

M

mmuc

Registered Users (C)
Hi,

My mother has been a PR since 35 years ago. I am now 21, but I was born outside the states.

I was wondering if there is a way that I could get PR status kind of automatically. I mean had she returned to the US when I was a baby, I would've got it (right?). Is there a difference now that I am over 21.

If this is not the case, which one is faster: my mother (PR) applies for me or one of my siblings (US citizen)?

Thanks a lot.
 
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your mom shouldve adjusted your status long time ago before you turned 21. now that you are aged out, you have to go through consular processing through either as unmarried child over 21 or through your sibling. you would have to wait 10+ years to get your GC either way.
 
Did she leave you behind after giving birth and did not bring you back before the age of 2? Are you sure?

It's gonna be a long wait.
 
BigJoe5 said:
Did she leave you behind after giving birth and did not bring you back before the age of 2? Are you sure?
It's gonna be a long wait.
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she did not leave me. I do not have any documents to say she brought me to the US before 2. I do know that we've driven down to US when I was a kid, but things were different then.

Is there a big difference if my mom applied for her citizenship before sponsoring me?
Also, I still wonder if there's a technicality that could help expedite my case.
 
as the law currently stands, im afraid there isnt any short cut for you. even if your mother obtains her citizenship, as a child over 21 years of age, it would take 10+ years for your visa to become available depending on which country you are from.
 
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polar said:
as the law currently stands, im afraid there isnt any short cut for you. even if your mother obtains her citizenship, as a child over 21 years of age, it would take 10+ years for your visa to become available depending on which country you are from.
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Sad...but thanks a lot.
How about this then: My mom, or one of my siblings, sponsors my dad and I become an "unmarried over-21" child on his application.
 
mmuc said:
Sad...but thanks a lot.
How about this then: My mom, or one of my siblings, sponsors my dad and I become an "unmarried over-21" child on his application.
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once you turn 21, you cannot be considered automatic beneficiary of your dad's application. you have to file a separate i-130 petition. why didnt your mom petition for you when you were younger!?!? uggh im sorry :/
 
Are you inside or outside the US? If inside, legally or illegally?

What prevented you from pursuing LPR status before you were 21?
 
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polar said:
as the law currently stands, im afraid there isnt any short cut for you. even if your mother obtains her citizenship, as a child over 21 years of age, it would take 10+ years for your visa to become available depending on which country you are from.
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If the OP's mother becomes a citizen that would cut the wait time down to about 7 years*, provided the OP remains single.

*unless the OP was born in Mexico or the Philippines, which would add several more years to the wait
 
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Jackolantern said:
Are you inside or outside the US? If inside, legally or illegally?
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I am inside the country legally. But I'll be leaving in a few days.

Jackolantern said:
What prevented you from pursuing LPR status before you were 21?
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Nothing really. It just wasn't on the agenda. Although there was an application 10 years ago, but there was a problem (I guess with the affidavit) and my parents did not care to resubmit it...here is a thought: if we manage to track down that application from 10-years ago, can it help?
 
So I take it you have been living outside the US for nearly all your life (with your father?), that's why getting your green card wasn't a priority? Just wondering if it was merely a choice by your mother (and you, when you turned 18), or if there were some legal or logistical or other obstacles involved (which may affect your chances now, depending on what it is).

Although there was an application 10 years ago, but there was a problem (I guess with the affidavit) and my parents did not care to resubmit it...here is a thought: if we manage to track down that application from 10-years ago, can it help?
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You mean they filed an I-130 for you 10 years ago? If the I-130 hasn't been cancelled, it's possible you could still use it.
 
Jackolantern said:
So I take it you have been living outside the US for nearly all your life ...
You mean they filed an I-130 for you 10 years ago? If the I-130 hasn't been cancelled, it's possible you could still use it.
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correct. and now I am going to go to grad school and it makes a big difference in terms of the opportunities that one might have, and the job prospects afterward.
 
10 or so years ago, it seems that a I-130 was filed and approved and they offered a visa but your folks did not follow through so it would have been cancelled. It is MOST LIKELY a dead end now.

You might have a better chance at becoming a student and then seeking an employment based visa, it could be faster or about the same BUT employment based immigration does not require an I-864 (unless employed by a relative).

Good Luck.
 
since he has a filed petition in his name 10 years ago, i wonder if he qualifies for 245i? if so, you may adjust your status through employment here in the USA. this is something you should discuss with a competent immigration attorney.
 
polar said:
since he has a filed petition in his name 10 years ago, i wonder if he qualifies for 245i? if so, you may adjust your status through employment here in the USA. this is something you should discuss with a competent immigration attorney.
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245(i) is for people who were living in the U.S. illegally but OP has been residing abroad and has only entered as a legal non-immigrant, he does not qualify.
 
BigJoe5 said:
245(i) is for people who were living in the U.S. illegally but OP has been residing abroad and has only entered as a legal non-immigrant, he does not qualify.
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true. well if he's here legally, then the fastest way to get perm res is through employment. or marriage.
 
TheRealCanadian said:
Through abandonment, with no fraud involved?
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Old abandoned petitions cannot be revived nor can old priority dates be recaptured for anything outside of INA 245(i) adjustment.

9 FAM 42.83 N2.1 Applicants Whose Cases Are Subject to Termination Under 203(g)
(TL:VISA-66; 09-30-1992)

a. INA 203(g) procedures apply to applicants who are immediate relatives, family-sponsored immigrants and employment-based immigrants who have received notification of the availability of a visa (i.e., who have been sent Packet 4 or Packet 4(a)). [See 9 FAM 42.63 PN10.]

b. INA 203(g) procedures do not, however, apply to applicants in categories for which numbers are unavailable and applicants in programs of limited duration.

9 FAM 42.83 N3.4 Beneficiaries of New Petition Filed by Same Petitioner
(TL:VISA-66; 09-30-1992)

If a new petition is filed for an applicant by the same petitioner, and the original petition was revoked under INA 203(g), the original priority date would not be valid.

http://www.state.gov/documents/organization/87925.pdf
 
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