Legal Question in Immigration Law in California

Re: Undocumented and 21

If I understand your question correctly, your grandmother petitioned an I-130 for your mother in Sept. 1997. Unfortunately, that category (married daughter of US citizen) is a long wait for Mexicans, and as of now only petitions filed before April 22, 1993 have visa numbers. Therefore, your mother will have to wait at least 4 or 5 more years before a visa number is available for her and you. At that time, you may or may not be over 21. Under the Child Status Protection Act just passed in 2002, because you're what known as a derivative beneficiary, it's your age at that time in the future minus the time the I-130 was pending by the INS (not too long). If that is less than 21, then you can immigration with your mom. If it's 21 or more, you won't be able to.

Liem Doan, Esq.

Re: Undocumented and 21

You may have a number of options. Please feel free to e-mail me at [email protected] to discuss your case further.

Sincerley,

Myron R. Morales

Re: Undocumented and 21

You are not able to immigrate with your mother as you are in a different category: sister of a USC. Thus, you don't enter with her. In order to determine if you can immigrate, you should set an appt with our office to review your case. There is pending legislation that may help your case and/or there may be other avenues available. Just like going to a doctor, a consult with us will help you understand your case better and allow our office to professionally review everything to see what may be available to help you.