QUESTION
Does my son have to go back to Mexico first, or can he stay here illegally?
Asked on Feb 08th, 2017 on Immigration - Illinois
More details to this question:
I have a green card and am married 3 years now to US citizen. My 5 year old son from a previous marriage was brought here illegally in April 2016 by my parents, and he is with me since that time. I think my husband, my son’s stepfather, can petition for my son.
3 ANSWERS
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Your son's stepfather can petition for him to get his green card, but he will not have any legal status until the entire immigrant visa process has been completed.
Answered on Apr 17th, 2017 at 8:38 AM
You need to speak with an attorney regarding the situation. When your son turns 18, he will start accumulating unlawful presence time.
Answered on Apr 17th, 2017 at 8:38 AM
There can be complications, but your son will have to process in Mexico, because he entered without inspection and admission. I strongly recommend an appointment with a competent and experienced immigration attorney, who understands the process. Also, all of the possible ways in which your young son may disqualify himself. There are some issues that should be discussed sooner than later, because he is of school age. Attending a grammar school may cause complications.
Answered on Apr 17th, 2017 at 8:37 AM