QUESTION

My wife came legally into the country with her 1 year old daughter. We met and got married after he visa had expired. We have bee married for 5 years.

Asked on Aug 23rd, 2011 on Immigration - Virginia
More details to this question:
We since then have a two year old son born in the USA. How do we get both my with and stepdaughter legal residence and approx. how much will it cost.
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1 ANSWER

Thank you for your questions.  I am sure the current situation is quite stressful for the both of you. If your wife and stepdaughter last entered the U.S. with inspection, but they are now overstays, the good news is that they may still be able to file for and obtain green cards from within the U.S. based on marriage to a U.S. citizen and abse don being the stepdaughter of a U.S. citizen.  It is true that while most individuals who are here as overstays and/or have worked without permission are ineligible to obtain permanent resident status from within the U.S., this is not the case if you are applying for permanent resident status based on marriage to a U.S. citizen or the child of a U.S. citizen.  The filings have big issues to address, but it may be possible to ursue everything from within the U.S. with yiu as the U.S. citizen sponsor.  Addressing the last lawful entry issue, they may still be able to pursue permanent resident status from within the U.S.  This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-131, I-864 affidavit of support, I-693 medical etc.  Separate paperwork needs to be filed for both your wife and stepdaughter.   The each need to be sponsored through their own paperwork.  You can find general info on the green card process based at: http://www.familytousa.com/green-card-through-marriage-ad/ The government filing fees and disbursements for two I-130/485 green card filings from within the U.S. (one for child under are  $420 + $1,070 + $420 + $985.  if you utilize an attorney to represnt everyone, those fees would be separate. Their cases are not w/o issues are it sounds like they are both overstays.  Every case is different and the very specific facts and issues of their case should be reviewed by an experienced immigration attorney.  Regards Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    
Answered on Aug 25th, 2011 at 9:29 AM

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