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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4332
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am hoping you can help me with a question about immigration. There is a mother in Viet Nam (Lisa Pham) who is a citizen of Viet Nam (not the U.S.), but her daughter (Ivon Pham) is a U.S. citizen (with all official papers and documentation). The daughter Ivon is a U.S. citizen because Ivon's biological father is a U.S. citizen. His whereabouts are currently unknown. Ivon is a minor (age 8). Is it possible for Ivon to petition her mother Lisa even if Ivon is only 8 years old?
If not, what is the best way to have Ivon have her mother join her when she comes to the U.S?
Thanks,
Thomas
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello Thomas, my name is ***** ***** I will be the immigration attorney helping you today.

Unfortunately Ivon cannot petition her mother until she has turned 21 years old. Also unfortunately,there is no visa set out for a parent of a Us citizen child to come to the US with them. Lisa would have to find her own basis to qualify for a visa or her own green card to be able to come to the US.

If it's just to come and visit, she may consider applying for a B2 tourist visa. If she wants to study, she can apply for an F1 Student visa. If she is a professional and has a job offer, she can consider the H1B visa or other employment ones are the L1, H2B and J1 visas. She can read about all of them here http://www.uscis.gov/working-united-states/working-us

If she rather come more permanently, she would have to qualify for one of the ways to get a green card. I'm assuming she has no other family that can petition for her. The other options would be employment which would also require an employer to give her a job offer and then to do a Labor Certification for her which is a rather complicated process to prove that there is no US worker that can fill the position she is being offered. Other than that she can get a green card based on investment of at least $500,000. Another last two options are to apply for political asylum or to get picked in the Diversity Visa Lottery.

Good luck to you during this process and I hope this answer has helped you!

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