Legal Question in Immigration Law in California

Re: confuse

The LIFE Act has several aspects but the one you probably would be most concerned with had to do with the extension of section 245(i) of the Immigration Act until April 30, 2001. Since your mother is a US citizen, she should have petitioned for you before or by that date. If she did not, then you need to maintain your legal immigration status in the US (I assume you're on a tourist visa because you didn't say). If you fall out of status in the US, you'll have to eventually go back to your home country to get your immigrant visa.

Beccause a tourist visa is six months maximum, you'll have to extend it or change to another visa category. Either way, it's going to be tough because let's say your mother petitioned for you this year, the wait is going to be at least five years or more before you can get an immigrant visa (for a married son). So if you want to stay in the US for that length of time, you'll have to find a way to be temporarily legal for at least five years.

Assuming you can do that, when the time comes for the immigrant visa, you can adjust your status to permanent residence without worrying about section 245(i). But if you fall out of status, then you'll have to go back to your home country to get an immigrant visa. You definitely don't want to be out of status for more than six months because then you'll be barred for three years from coming back to the US as an immigrant (or 10 years if you're out of status for one year or more). If section 245(i) is extended later this year or next year by the US Congress and your mother petitions for you by that new deadline, and you want to stay here, you'll have to lie low and avoid being discovered by the INS although I'm not encouraging that.

Sorry for the lengthy and convoluted response but your situation is a complicated one shared by many aliens in this country.

Liem Doan, Esq.