Legal Question in Immigration Law in California

Hello:

She can apply for her green card through your step father, if they are still married. He can file an immediate relative immigrant petition for her if he is a permanent resident or a US citizen. Right now, it would be a faster process for your mom to get her green card if your step dad was a US citizen. Is there any reason why he is not one?

If he would like to petition your mother, he can start that process while he is a permanent resident, so she has something filed for her. Then he can apply for his US citizenship and change his status as her petitioner on her application, once he becomes a US citizen. The process to become a US citizen is about 6 months. The process for your step dad filing a petition for your mom while he is a permanent resident is about 3.5 years (if you file in CA), with an additional 1 year wait for those from Brazil. If he changes his status to US citizen, the process is 5 months for your mom's green card right now if filed in California...which is a lot faster.

I can certainly assist you with any of these applications, should you need it.

To discuss your case further, you can call me at 714 288 0610 or email me at [email protected]. Our office offers 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.

It's possible for her to obtain lawful permanent residency should your parents still be married and he is now a US citizen.

You may find comprehensive information on the process here: http://www.msclaw.com/Green_Card_for_Spouse.html

My consultations are free and I charge a flat legal fee of $950 for the entire process.