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I130 for a 17 going on 18yr old child

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  • I130 for a 17 going on 18yr old child

    My husband will be sworn in this week. Meanwhile his son has no immigration status. Considering on filing the I130 and try to decide whether or not his son should stay here and wait for immigration law to change or have him go back to his country before his 18th birthday and wait for the approval of the I130. Any advice on this? We never had the chance to file a I485, his son has been in the U.S. since he was one. Would appreciate any advice you have to give. Thanks!

  • #2
    His son is considered a "child" for immigration purposes until age 21 (as long as he remains unmarried). Once your husband is sworn in as a citizen, I suggest that he file the I-130 and I-485.

    I read numerous times on this forum about people who are debating whether or not to "wait for the new law". Why is everyone expecting that a monumental change in immigration law is imminent? All I have seen is political posturing by the left and right.


    • #3
      Sugarpuff is right - file your 130 and 485 as soon as your husband is sworn. The age is 21 not 18. Waiting laws to change is like watching clouds in the sky.