hello

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chansa

Registered Users (C)
my mom's husband is died and i realy don't understand why she can't have her citizenship very soon!? she already had her permanent green card before , and i ask myself when she can ask for citizenship?he died in 2004,so how long she must wait....???and if a i have to ask for myself green card,and for my doghter,if i am in usa with a turist visa, can i stay here legaly in pending?thank you very much!!!
 
You'll find the answers to most of your mom's citizenship questions in the USCIS M-476 Guide to Naturalization. Basically your mom needs 5 years continuous residence after getting her GC, and immediately prior to applying for N-400. (There are other requirements too - go read the guide.)

Not sure I understand your other questions. If you entered the US on a tourist visa (B1/B2), you can only stay until the date shown on your I-94 unless somebody has submitted an I-130 & I-485 on your behalf.
 
i have a 10 years tourist visa(B1/B2), i'm steel in italy,but i want to go in usa soon....my question is, when i'm in usa,on a tourist visa,can my mom aply for us, as usc? and while i'm in pending,that's mean that i can whait in usa,even if i don't have enymore my tourist visa?
 
Takes time to stay legal in the US if ever ur mom become an USC u will go under process of her petition..staying legally in U.S soil depends on ur I-94 after that u have to exit or u will be elligal allien.. 10 yrs visa does't count for staying legally as a tourist..(B1/B2)... but immigration doesnt bother u as long as u dont commit such crime..
 
Are you 18 or older, or married? If yes, the processing for your green card would take years and you would not be able wait inside the US while it is pending after entering with a B1/B2 visa.

See the family-based green card section of this forum.
 
about my mom, she had her GC on 31 dic.2002 valid until 14 jan 2013 and her husband died on 23 oct 2003. so she must wait 5 years since she got her GC or 5 years since her huband died?for her citizenship? becouse someone told her that she must wait 5 years since her husband died...i don't see the logic on that...as i understand from what i've read, she must wait 5 years since she get her GC. so must be 90 days before 5 years,than 31 sett. 2007. am i right?
 
If her husband was a US citizen she might not have to wait the full five years.

With the deceased spouse, her situation will have lots of ifs and buts that depend on specific conditions. She should see a lawyer to get some specific answers to her specific situation, rather than relying on generic answers from an anonymous message board.
 
Sounds like your mom is eligible in Dec 2007 (5yrs from GC 'resident since' date). Unfortunately since her husband passed away, she is no longer eligible for the 3yr "marriage to a USC" route.

Even once your mom becomes a USC, you will have to wait a long time to get a GC because assuming you are over 18, you fall either in F1, F2B or F3 category, which means you must wait between 6-9 years for your priority date (PD) to become current.
 
boatbod said:
Sounds like your mom is eligible in Dec 2007 (5yrs from GC 'resident since' date). Unfortunately since her husband passed away, she is no longer eligible for the 3yr "marriage to a USC" route.
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Not always true. If the marriage was to a spouse who died in active duty with the US military, the 3-year and 5-year rules don't apply. With a deceased spouse there are lots of ifs and buts, so specific answers should be sought from a qualified professional who knows all the details of the deceased spouse and surviving widow's situation.

But anyway, she is close enough to the "5 years minus 90 days" date, that the time frame doesn't make much of a difference at this point anyway.
 
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