Legal Question in Immigration Law in New York

Hello,

My mother came to America with a bride's visa. Things did not go as planned and she lived in the US illegally for about 1.5 years. Then she married a US citizen and received a temporary work authorization. However unfortunately the marriage did not work and the work authorization that she had expired.

I am her daughter, a citizen and 21 years of age. If I try to sponsor my mother what is the likelihood that she will receive a green card or at least a work authorization.

Thank you for your advice.


Asked on 9/13/09, 10:03 pm

3 Answers from Attorneys
Luba Smal Smal Immigration Law Office

If your mother came to USA on a Fiancee visa, K1, you should keep in mind that she was eligible for adjustment of status/work permit only through marriage to that initial Fiance/Petitioner under her K1 visa.

If you would like to schedule a telephone/email consultation, please email at Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. We do not offer free advice except for the information provided on this forum. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation in person, or by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 9/18/09, 11:53 pm
Alexander Tsiring The Tsiring Law Firm, P.C.

If your mother came into USA on K-1 visa, she was eligible to apply for green card only through her fiance who applied for her K-1 visa. Further review of her documents (including her paperwork from her marriage) is necesary to find out if her status was ever changed. Otherwise, there is a possibility that in order to get a green card through you, she will have to leave USA and go through consular processing. However, this is a very complicated matter, you need to consult an immigration lawyer for more details.

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Answered on 9/21/09, 9:08 am
Antoinette Wooten The Wooten Legal Consulting, PC

I would need more information regarding your particular case before I can comment on it properly.

However, as a US citizen you can sponsor your mother. Please keep in mind that immigration services will want to know a number of things. Immigration will also take a look at your mother's file and may ask questions based on what they find.

If your mother does not have any complications that you have not mentioned then she should be able to get a green card.

Patricia Martin-Gibbons

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Answered on 9/22/09, 11:12 am


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