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My kids were born usa. can i get green card through my kids

Rochester, NY |

i have 3 kids. they are 10 and 7 and 7 months old.

Attorney Answers 1


  1. Unfortunately not until they turn 21 and can file a petition for you. Also if you are in the United States, then we need to know how you entered. Was it through a visa or crossing the border?
    If a visa, at this point in time, once they turn 21, they can petition for you. If you entered without inspection (cross the border) then, unless you benefit from INA245(i), you will not get this chance. Nonetheless, if you are placed in removal proceeding, the kids can be one element to get you a cancellation, but you need to meet the other thresholds. Therefore, the answer is not so simple.
    Good Luck to you

    Shah Peerally
    Note: The above is provided for informational use only. One should not act or refrain to act based solely on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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