If I came to the US when I was 11 and now I’m 19, by law does my mother have to do my papers since she brought me here as a minor?

UPDATED: Oct 23, 2014

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If I came to the US when I was 11 and now I’m 19, by law does my mother have to do my papers since she brought me here as a minor?

She has been a resident since I came but hasn’t done my papers yet. She and I got into a fight because I moved in with my girlfriend and now she refuses to do my papers.

Asked on October 23, 2014 under Immigration Law, Florida


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

She has to petition for you at any rate since you are not able to self petition.  If you did not derive status at the same time as your mother, together with your mother, she needs to petition for you now before you turn 21.  Once you turn 21, you are no longer eligible for adjustment of status based on the fact that you have been in the US unlawfully for so long.  So, i'd suggest you reconcile with your mother and ask her nicely to petition for you.  Your other choice is going to be getting married to your girlfriend if she is a US citizen and having her petition for you.

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