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My son is an US CItizen and will be 21 in July. How soon can he start petitioning for my wife and I ?

Margate, FL |

I have daughter who is 11. How does his petitioning for us affect her migrating with us?

Attorney Answers 5


  1. Immediately. U.S. citizens who want their relatives to immigrate to the United States can file a Form I-130, Petition for Alien Relative, for their spouse, children and if the U.S. citizen is at least 21 years old, their parents and brothers or sisters. Do contact an immigration attorney for assistance in this matter.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info


  2. He can file the papers when he becomes 21 years old.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  3. He will be able to file for you in July, must be 21.


  4. I agree with my colleagues. Unlike some other USCIS processes, there is no early commence time for such a petition. Once he reaches 21, he can file the petitions.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


  5. Your daughter cannot follow to join or be considered an immediate relative. As a result, she can be petitioned by your son, but will likely be left behind should you decide to immigrate.

    There are humanitarian acts that take place from time to time in these situations. It is best to review the challenge with a competent and experienced immigration attorney before you risk over a thousand dollars in filing fees to find out that your parents will not leave for the U. S. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.

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