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Immigration Issues/Naturalization, I-130, I-485.

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Question
Hello. I am an unmarried 18 year old living in southern california. My mom brought me here from Hong Kong when I was about 6 years old. I overstayed on my visa. My mom is able to apply for citizenship in March. I have seeked for help in various immigration forums but always got mixed responses. Some told me it would be almost impossible to get my green card, some told me it would take 5-7 years, and some told me that the process would be quick. I researched and found that my mom can petition I-130 and I-485 for me once she receives citizenship. Is this possible in my situation? I've been told no because I've "accrued unlawful presence". But if it is possible, how long would the whole process take? I know that most people get stuck in name checks during the I-485 process. I was also wondering how long it would take for my mom to be naturalized. I would just like as much information as possible regarding my situation. Thank you very much for your time.

Sincerely,
Frustrated and confused teen.

Answer
Hi Jessica,

Your Mom can sponsor you through I-130/I-485 as soon as she becomes a naturalized U.S. citizen. Since you will be considered an "immediate relative" (you will be under 21 by the time your mother becomes a U.S. citizen), you will be able to adjust status without any penalty fee, or without having to depart from the U.S.

Allow up to one year for your mother's naturalization application to be approved. Under the child status protection act, as long as the I-130/I-485 is filed before you turn 21, you will be able to adjust status even if you reach the age of 21 prior to approval.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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