I need advise which step to take to legalize my children from mexico.

Yuma, AZ Viewed 24 times. Posted 5 months ago in Immigration

I am a german and a resident alien since more than 16 years. I have two children with me in the US which were born in Mexico. (9 and 11 year old) both traveled across the border at a entry point with mother at a very young age (1 and 2 years old)(she had passport from mexico for herself, children were not checked). Mother and me are not married and will not marry. She wants me to fix the papers for my children. What can I do? What do I need to do? Kids are fully integrated in the US with school, language etc. Both are on my insurance and dependents on my taxes for years now. No place to go to in Mexico for children.

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Answers (1)

David Nabow Soloway

This attorney is licensed in Georgia. Posted 5 months ago.

The circumstances you described do not present an easy solution. You will be unable successfully to petition for your children to adjust status in the Family-Sponsored Second Preference category, because they entered the U.S. unlawfully and without inspection.

You may be eligible to petition for naturalization and complete that process within approximately 4-8 months. Your children could return to Mexico, and you could petition for them to consular process as immediate relatives of a U.S. citizen. Since they are so young when they entered unlawfully, the usual 10-year bar to re-entering should not be applicable to them.

The issues involved here are fairly complex and it would be wise to engage an immigration attorney to provide thorough advice.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, PC
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404/320-7000 877/232-5352 dsoloway@fspklaw.com