Weesatche, TX Immigration Law Firms & Lawyers

If your mother is still currently in the US, she can also apply for adjustment of status (permanent residency) on form I-485 even if her visa or authorized stay has already expired because she is considered an immediate relative of a US citizen. There is no need for her to return to the Philippines.

With such a complicated case, I assume that you already have an attorney to get you to this point. I prefer to use this free service for people who do not have an attorney.

When your U.S.-born child turns 21, he/she can file an immigrant petition for you and for your spouse (your underage children would become derivative beneficiaries of the petition). As parents of a U.S. citizen, you will be in the Immediate Relative category, not subject to any quotas and priority dates, so you will receive your immigrant visas within months from the date of filing the petition. One concern will be finding a co-sponsor in the U.S. with income sufficient to satisfy the then-current financial standards for an affidavit of support; alternatively, you would have to show assets worth, at least, 5 times the financial standard. Otherwise, you might seek an immigration venue through employment or investment, just like anyone else; your former status as an LPR and your child's birth in the U.S. do not give you any privileges at this time.