Cuero, TX Immigration Law Firms & Lawyers

You may file now.  Here is the reference. Section 316(a) of the INA lists the general eligibility requirements for naturalization. Under that section, a lawful permanent resident (LPR) must be a resident continuously for a period of five years subsequent to obtaining LPR status before he or she may apply for naturalization. However, section 319(a) of the INA provides that if the LPR is married to a U.S. citizen (USC), the LPR may naturalize after only three years if the LPR has lived in marital union with his or her USC spouse during the three years immediately preceding the date of filing of the naturalization application. The VTVPA amended INA section 319(a) by expanding this provision to include spouses, former spouses, intended spouses, and children of USCs who obtained lawful permanent residence by reason of having been battered or subjected to extreme cruelty by their USC spouse or parent. AILA InfoNet Doc. No. 05012741. (Posted 01/27/05)Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a) of the Immigration and Nationality Act (INA), as amended by the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), Pub. L. 106-386

Yes. Your stepmother can petition for her mother even if she is not working. However, someone (family relative, friend, etc.) will have to agree to sign and file an affidavit of support for your stepmother and her mother. This can be you, your half-sister or anyone else. If they meet the financial requirements for the affidavit of support there should be no problem. I strongly suggest that you contact an experienced immigration law attorney for a face-to-face consultation and give him/her all of the facts surrounding your stepmother's case. He/she would then be in a better position to analyze the case and advise you of your options. The attorney will also be able to provide you with guidance so as to streamline the procedures and assist you in making sure everything goes smoothly.