QUESTION
If I am a United States citizen married to an illegal alien, can I file a I-130 for his children?
Asked on Jun 10th, 2014 on Immigration - New York
6 ANSWERS
Where are the children and how did they enter the US? If they entered the US lawfully, you can and they will be eligible for adjustment of status. If they entered unlawfully, they do not qualify.
Answered on Jun 17th, 2014 at 9:48 PM
Employment Immigration Attorney serving Newark, CA
at
Law Office of Tripti S. Sharma
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You can always start the process by filing the I-130.
Answered on Jun 12th, 2014 at 7:45 PM
Adebola O. Asekun
A simple answer is "yes", you probably can file petition for his children. But prior to doing so, please speak to an experienced immigration attorney.
Answered on Jun 12th, 2014 at 7:45 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
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You may file for any of your husband's legitimate stepchildren as long as the child was under the age of 18 when you married him.
Answered on Jun 12th, 2014 at 7:45 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Yes but if they are also illegally in the U.S. they will likely need to consular process (If under 18 they will not trigger a ten year bar). Best to have an attorney evaluate all of the specific facts of your case.
Answered on Jun 12th, 2014 at 7:45 PM
Bruce A. Coane
A USA citizen is permitted to file an I-130 for their step-children, even if the parent or children are undocumented.
Answered on Jun 12th, 2014 at 7:45 PM