QUESTION

What is the legal age to be able to fix your husbands immigration status?

Asked on May 10th, 2011 on Immigration - California
More details to this question:
My wife and I have been married for more then 6 months. We have been together for 3 and half years as boyfriend and girlfriend. And moved in together a year ago. She is turning 19 in July and I will be turning 21 also in July. I was born in Mexico but I move to the US illegally at the age of 7. My mother filed the 245-I back in 01 for herself, my stepfather, my sister, and I. Now my question is, my wife, being an US citizen, Can she help me fix my immigration status Even though she is under the age of 21. If anyone can please help me I would really appreciate it
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3 ANSWERS

Immigration Law Attorney serving Costa Mesa, CA
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Yes, your wife can petition you even if she is under 21 years old. If you are protected under Section 245(i) who would be eligible to file for adjustment of status and obtain your Green Card in the U.S.
Answered on May 12th, 2011 at 9:28 AM

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Personal Injury Law Attorney serving Pooler, GA at Jarrett & Price, LLC
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Your wife's age is irrelevant to whether she can file a petition for you. If you qualify for 245i processing, you may be able to adjust status in the United States. If not, your wife can still petition for you, but the process is much more involved. Before you begin the process, it would be wise to discuss your case with an immigration attorney.
Answered on May 11th, 2011 at 11:21 AM

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Immigration Attorney serving Torrance, CA at Marie Michaud, Attorney At Law
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Your wife can file for you now. She doesn't have to be 21. (American sons and daughters filing for their parents must be 21. American citizen brothers or sisters must also be 21 to file for another brother or sister, but there is no such requirement for an American spouse.). She has to be 18 for the affidavit of support, and so she OK to file for you. Good luck.
Answered on May 11th, 2011 at 10:42 AM

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