ASK SISKIND AND SUSSER
Q: My mother, a permanent resident, filed a green card application for me a couple of years ago and I have been waiting for a current priority date. My mother will soon be eligible to naturalize. I am planning on getting married soon. How will this affect my mother's application for me? A: If you marry before your mother naturalizes, your mother's application for you will become invalid since there is no visa category for a married child of a US permanent resident. You will lose your priority date and your mother will have to refile for you when she naturalizes. The backlog in this category (Family is more than 2 and 1/2 years. If you can hold off on getting married until your mother naturalizes, you will automatically convert to the Family 3rd category and be able to keep your priority date. Of course, your fate may depend on whether visa categories for adult children of US citizens and permanent residents is eliminated by one of the bills currently being debated in the Congress. Q: My wife and I are students in the US on F visas. We recently gave birth to a child here in the US. We know our child is a US citizen since she was born in the US. But, can she sponsor us for a green card? If not, is there an immigration category for us as the guardians of a US citizen? A: Your child will not be able to sponsor you for a visa until she reaches the age of 21. Unfortunately, there is no visa category for parents acting as the guardian of a US citizen.
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