QUESTION
About how long can the petition take before he can get a green card and be able to join his family back in the US?
Asked on Feb 01st, 2017 on Immigration - Georgia
More details to this question:
I have a friend that currently is living in Peru. She is Chilean, but naturalized USA citizen. She is now married to a guy from Peru and they have a little boy 2 years old. He lived in USA before as an illegal immigrant. At one point, they'd like to come back to the US. Is their boy automatically a US citizen since she is US citizen? Will she be able to do the petition for her husband while she is there, or can she do it also if she travels to the US first? Since he was an illegal immigrant before, is there anything he needs to do on his part?
1 ANSWER
Generally, the child of an American citizen becomes a U.S. citizen himself/herself at birth. It can be helpful to apply for a Certificate of Citizenship as evidence of that citizenship status. Generally a U.S. citizen may petition for a spouse to become a Lawful Permanent Resident, either through an adjustment of status application in the U.S. or through consular processing abroad. A review of the spouse's immigration-related history can be critically important in determining eligibility for immigration benefits, especially since unlawful presence in the U.S. for 180 days can create a 3-year bar to re-entering the U.S. and unlawful presence for a year or longer can create a very harsh 10-year bar. There really is no substitute to consulting with an immigration attorney who, after learning all of the relevant information, could advise about immigration eligibilities, options and strategies.
Answered on Apr 06th, 2017 at 7:38 AM