In this week's Consulta Migratoria® column, I answer a question from a reader who asked me a question about the after being asked to do so by his mother.
Each case is different and the answers vary depending on each person's immigration history.
Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before starting any procedure.
I am Nicaraguan and my mother is asking me. I already paid the processing fees and now I have to fill out an online form asking me if I am married. When my mother asked me, I was not married but now I am. If I put that I am married, will this affect me being granted residency? -Jorge Q.
Jorge, the answer to your question depends on whether your mother was a U.S. citizen or permanent resident when you married.
If your mother was a permanent resident when you married, the family petition she filed on your behalf was automatically cancelled and you will not be able to continue with the process.
If your mother was a U.S. citizen when you married, you will be able to continue with the immigration process under the F3 family category, married children of U.S. citizens.
According to the May 2018 Visa BulletinThe U.S. Department of State is granting immigrant visas to cases of Nicaraguan nationals under the F3 family category that were filed before February 1, 2006.
If you qualify to continue your case under the F3 family category, your spouse and unmarried children under the age of 21 may be eligible to apply for permanent residence on a derivative basis if they meet the appropriate requirements.
Consult with an immigration attorney before beginning any immigration proceedings.
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