QUESTION
i have 4 stepchildren that have been her illegal since 2004 when their mother passed away. their father is also illegal here. what is the first step
Asked on Jan 03rd, 2013 on Immigration - New Jersey
More details to this question:
Need to know the best way to go about getting them llegaly here. The oldest is 15 then 13, and 11 years old twins. Is this something I can do myself or is it going to be difficult? Would it be better to return with them to Mexico and do it from over there? I'm just trying to get on the right track starting this.
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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I assume that you are a US citizen. I will also assume that your husband and the children came to the US illegally and are not eligible to adjust status in the States. I will not comment on whether this is something you can do by yourself as you can be the judge of that after hearing what is involved. You will have to file I-130 relative petitions on behalf of your husband and the stepchildren. Your stepchildren should be able to return to Mexico for the consular interview. With your husband, he is over the age of 18 and therefore subject to a 10 year bar upon return caused by his illegal stay in the States. Under the Obama administration's latest initiative, the I-601A provisional waiver which will come into effect on March 4, 2013, a waiver application of the bars upon return can be submitted and adjudicated while he is in the States and, if favorable, his immigrant visa interview in Mexico would in all likelihood be fairly routine.
Answered on Jan 18th, 2013 at 5:19 PM
If you are a US citizen and you can petition for your stepchildren. If they had entered the US lawfully then they could adjust their status here but since they have not, they would need to consular process in Mexico. Step 1 would be filing an immigrant visa petition for each of them and upon approval Step 2 would be attending the immigrant visa interview in Juarez. They are not subject to the unlawful presence bar since they are all under 18 but I would contact a reputable immigration attorney in your city of residence or Catholic Charities since this is not a case you can handle on your own. Your attorney will want to investigate Juarez's current stance on children and unlawful presence since they have tsken a tough stance in the past. Your husband would follow the same process but since he's an adult he will need a waiver for unlawful presence. In March that waiver may be filed in the US and approved prior to his departure for the consular interview. He will need to show extreme hardship to you.
Good luck!
Answered on Jan 04th, 2013 at 12:17 PM