Legal Question in Immigration Law in California

Hi,

I recently passed the US Naturalization test and just waiting for the notice for the Oath Taking date this year. I came here in America thru K1 and been here for 3 years. Married to a US Citizen. I plan to petition my 72 yr old mother from the Philippines. She is in the last year of her 10 year Tourist Visa (expires July 2011). She plans to come here in January 2011.

My question is, what form should I use to petition my mother? I am confused between the petition for alien relative and adjustment of status.

I appreciate you response to this matter. Thank you.

J.Robin


Asked on 10/27/10, 6:20 pm

2 Answers from Attorneys
Latangie Williams Law Office of Latangie Williams, P.A.

You would need to file the I-130, Petition for Alien Relative. Once she is approved and is in the US, she will be able to file the I-485.

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Answered on 11/01/10, 6:29 pm
Andrew Harrell W. Andrew Harrell, Attorney at Law

You could file these concurrently, though I suspect there isn't a quota number immediately available for mom. Be aware that there may be a problem with improper intent if she comes to the U.S. under a B visa with the intent of becoming a permanent resident.

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Answered on 11/01/10, 6:48 pm


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