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Immigration Issues/green card through marriage


Hi, I am twenty years old and have been living illegally in the US since I was six. In 2001 my uncle, who is a US citizen filed a petition for my mom. Recently I married the father of my child who is a legal resident. He is working on becoming a citizen so that he can file a petition for me. I've been told that I might have to go back to Mexico, but is there any way that I might be able to stay since there was already a petition for my mom?  

Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Jesica,

Your situation might fall under an exception to the norm where a person has to leave the US (ie go back to Mexico to get your greencard).  You mentioned that your uncle petitioned for your mom in 2001.  If the date he petitioned for your mom was before 4/30/2001, then you might be able to process your own greencard through your husband IF you have proof of your uncle's petition for your mom.  This can be complicated if your uncle or mom didn't keep good records or if you aren't sure when exactly your uncle petitioned for your mother.

If you would like more information on this process and your chances of being able to do this, please contact me and we can discuss what options you might be able to pursue.  

Good luck,
Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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