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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4751
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?
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

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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