Legal Question in Immigration Law in California
Alien Relative
I am a US born citizen , I want to file a I-130 for my alien mother living in the us, my father filed the same form for her in 1993, but now my parents are seperated and I do not have her Alien number, where can I find it, or should I file a new I-130?
4 Answers from Attorneys
Re: Alien Relative
Dear Inquirer:
You may file an I-130 for your mother if you are at least 21 years old. Your mother may also file for her adjustment of status concurrently if she was admitted to the US with a visa or if she is eligible under Section 245(i), which requires that she had a visa petition filed on her behalf on or before April 30, 2001 at the latest. Since your father already filed an I-130 for your mother, she would meet this criterion.
Unless your mother filed for adjustment of status previously or was in deportation proceedings, she probably does not have an "A number," as A numbers are usually not issued until one files an application for adjustment of status or some other other benefit.
I recommend that you email me at [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a consultation to discuss this matter further.
Re: Alien Relative
You should file an I-130 for your mother as long as you're at least 21 years old. She's eligible to adjust status in the U.S. to permanent residence, assuming she's otherwise admissible.
I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.
Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436
EM: [email protected] WEB: http://www.yardum-hunter.com
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Re: Alien Relative
I assume that you are older than 21 years of age. Yes, you will file a new form I-130.
How did your mother come to USA: did she have a visa? It will make a big difference IF she came to USA illegally. It's advisable to consult an attorney before you file (because as a mother of a USA citizen, her green card can be approved in a matter of months).
If you need legal advice, you are welcome to contact my office at Attorney [@] law-visa-usa.com
Re: Alien Relative
Good Morning:
In order to find her alien number and any immigration records related to her, you will have to file what's called a FOIA (Freedom of Information Act) to obtain her records. This can take an indefinite time (average of 1-2 years), depending on how far back her records go.
The faster route would be to file a new I-130. Assuming she entered legally and that you are 21 or older, you can file a new I-130 for her and the processing will take about 6 months. So you should get a decision on the application within that time.
To discuss your specific case further, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.
Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.
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