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    My question if an illegal is married to am usc. Can he petion her son to come here legally?

  • #2
    My question if an illegal is married to am usc. Can he petion her son to come here legally?

    Comment


    • #3
      Please tell us more about the child and the illegal.

      If an illegal was inspected ie they entered the country legally, they can adjust status here in the U.S when they marry USC. If child is outside US and belongs to the illegal, I think they can come here, provided the child is less than 21 at the time of adjudication.

      What will happen is that when filling in those AOS forms, they will ask you whether you have child under 21 and all you do is say YES and enter their details there.

      If they are out of US, am not sure how they will enter country, but if you check the page:http://uscis.gov/graphics/services/residency/family.htm.

      Read the I-130 form also at http://uscis.gov/graphics/formsfee/f...iles/i-130.pdf and see where it says NOTE and read there carefully.


      Other board members can correct or add to what I think happens.

      Comment


      • #4
        the mother came in threw Mexico. uninspectioned. Marrried usc. They want to bring the son threw the usc husband. Is this possible? He is 10yrs old.

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        • #5
          I think unless section 245 i is reinstated, they will have to go back to Mexico to adjust status.

          And yes, the kid can come back with them at some stage.

          I think thats what the law provides.

          Read http://uscis.gov/graphics/howdoi/hdi245i.htm

          Comment


          • #6
            To bring son first mother needs to have a legal status ...that she doesn't have and wont get either unless some amnesty passes ... sorry abt that...good luck...

            Comment


            • #7
              Pasha is right, unless the mother leaves the USA and goes to Mexico and an I-601 waiver is filed on her behalf.

              If you are interested in doing this, come to www.immigrate2us.net and post under I-601. There are a number of people there in similar situations that can offer some help and/or advice to you.

              Finally, if you do go this route, it is likely that both mother and child would receive residency at the same time... and thus be able to enter together!

              Comment


              • #8
                Thank you all for your advice. The mother is from Brazil. she came here uninspectioned. Marrried an usc. The son is with her parents in Brazil. They consulATED A LAWYER AND HE SAID THE SON COULD COME OVER BY BEING SPONSOR THREW HUBBY. sHE HAS NO INTENTION OF GOING HOME BECAUSE SHE WAS MARRIED IN STATES. wOULDN'T SHE BE BARRED FOR THE 10YRS? THANK YOU AGAIN FOR YOUR KINDNESS

                Comment


                • #9
                  Hi faith ...

                  That's what spouse wrote in her thread... she is subject to bar... I knew should wouldn't go back... but if she wants then as spouse stated ... visit that board www.immigrate2us.net there are some good posts in this subject... and try to search I –601 here on this board also... mohan has given some really valuable advices ... wish u all the best... Pasha

                  Comment


                  • #10
                    Yes she would be subject to the 10 year bar, however the I-601 is available to waive that bar if she is married to a USC/LPR. The good news is that a great deal of the process could be done in the USA (i.e. the I-130) the other good news is that waivers for Brazil are processed through Guayaquil, Ecuador (the same consulate where my husband was processed) - In Guayaquil, Ecuador the current approval rate is at about 90%. The bad news is that in Ecuador it takes only slightly less than a year to approve the waivers, so her and hubby would need to count on a year apart.

                    Otherwise to bring her son in, I think that her husband would have to adopt him. If this were done, I don't think there would be a lot of problems to bring the child over... however, adoption laws are not my immigration strength!

                    Comment


                    • #11
                      If you do go this route, it is likely that both mother and child would receive residency at the same time... and thus be able to enter together! Mobile Truck Repair of Toronto

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