Legal Question in Immigration Law in California

how can i call my mom to usa?

I am married to a H-1 visa holder ( shes's now planing to apply for her GC ) i applied my asylum during my OPT. 9 months ago my opt expired and i am currently out of status and waiting my asylum interview. my mother tried twice to come to usa, but both the times her visa was rejected ( since i am the only child, and my father died when i was 6. so its just me and my mother - they objected if she came to usa, she might just stay here ). although my asylum application states that my mother is also a current victim of the violance. Now she is all by herself and being victimized and i can not do anything about this.

can my uncle ( my mom's brother - a US citizen ) apply for her sister to come to usa either on the basis of my asylum or any other way ? ? ?

[ extra info* = i can not request for H-4 since i didn't mantained my status after my OPT expired. i can not be an applicant in my wife's GC petition. and its been a year i am waiting my asylum interview. ]

what would be the quickest way to call my mom out of there ?


Asked on 12/07/12, 12:19 am

1 Answer from Attorneys
Joseph La Costa Joseph La Costa, Attorney at Law

US citizen brother can apply for sister for tourist visa. He can also apply for green card for sister but it may take 10-12 years before she is eligible for green card ( depending on USCIS processing time).

Mom can try to apply for refugee status and he own asylum.

You can request for H-4 but USCIS will approve it for Consular processing.

Contact us if you need further assistance at 619-922-5287, [email protected]

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Answered on 12/07/12, 1:50 pm


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