Legal Question in Immigration Law in California

Hi,

Your mother can sponsor you now in the F2B category through the filing of an immigrant petition. When she becomes a U.S. citizen, she can sponsor you in the F1 category. Further information about the family sponsorship categories is here: www.h1b1.com/sponsor.htm

However, you will be unable to remain legally in the U.S. and file the last step in the sponsorship process (your adjustment of status application) until your mother's priority date becomes current (also known as when a visa becomes available) unless you maintain independent nonimmigrant visa status such as student or visitor. Unfortunately, these visa categories do not allow for intention to immigrate to the U.S.

If you are married to a U.S. citizen, however, all sponsorship paperwork can be filed concurrently (petition for alien relative to be signed by your spouse, your adjustment of status application along with employment authorization application, etc. and you would be immediately able to adjust status without having to worry about maintaining nonimmigrant visa status. It goes without saying that this is a bona fide marriage with your boyfriend (who I presume is a U.S. citizen).

You can call our law firm at 212-268-3580 during business hours if you have questions, or email [email protected]

Regards,

Ajay K. Arora, Esq.

www.h1b1.com