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Is it faster to file Form I-824 for my kids living outside United States or we still need to file for Form I-130

Buena Park, CA |

my husband is a US citizen and i just had my green card. we want to petition my kids so they can join us. they are 11 and 5 years old.

Attorney Answers 2


If your husband is not the biological father of the children, he will have to file I-130's for them. Immediate Relative Petitions, like those for a spouse, do not offer derivative benefits. He has to file individual petitions for each of them. If they were his biological children, he can attempt to register their birth at the local embassy, where they might be able to then get passports (because they would already be citizens).

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he has to file individual petitions for each child. they do not get derivative immigration benefits from your immigration. this should have been started when he first petitioned for you. call rosemary esparza in the california area. a great attorney.

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