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New US citizen petitioning for family members here on very expired visitor visas - Can it be done?

Riverside, CA |

I recently because a US citizen. I have two children I brought here in 2007 on visitor visas which has obviously expired. Along with them my parents came here too - also on visitor visas. Now I am trying to correct everything. Does anyone know if the proper steps to adjust my childrens statuses? In addition - what can I do to petition for my parents? Is there anything I can do? I am unsure if I would qualify at the noted financial level but they are my primary babysitters while I am working.

** I should clarify - I am unsure if I would qualify to sponsor both parents because I am certain I do not meet the financial requirements

Attorney Answers 4

Posted

You do not provide enough information to give you a complete answer. Generally, if your children are under 21, you should be able to get a legal status for them, as well as for your children. You need to meet with an immigration lawyer to evaluate your income and assets to make sure that you have financial capacity to sponsor all your family members. Otherwises, you may find a co-sponsor.

Nothing in this post shall be construed as a legal advice. If you need advice regarding your particular situation, please contact my office directly. This information is transferred without an intent to creat an attorney-client relationship.

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5 comments

Asker

Posted

Thank you all so much. I do have a fiance who does not live with me yet. He is a lawful permanant resident who has a divorce pending. Would it be worth the while to have him be a co sponsor or would it not work because of his own status?

Asker

Posted

Thank you all so much. I do have a fiance who does not live with me yet. He is a lawful permanant resident who has a divorce pending. Would it be worth the while to have him be a co sponsor or would it not work because of his own status?

Asker

Posted

Thank you all so much. I do have a fiance who does not live with me yet. He is a lawful permanant resident who has a divorce pending. Would it be worth the while to have him be a co sponsor or would it not work because of his own status?

Natalia Polukhtin

Natalia Polukhtin

Posted

Any person in a lawful status who pays taxes may be a co-sponsor. You do not have to live together.

Asker

Posted

Thank you Natalia. Ps~ I'm unsure why my reply posted so many times. ;)

Posted

You shouldn't try this alone. Use an attorney. How old are the children?

My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action. My office offers free consultations.

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3 comments

Asker

Posted

Thank you so much for answering. The kids are 12 and 14.

Justin G. Randolph

Justin G. Randolph

Posted

Ok. So all the beneficiaries you mentioned are considered "immediate relatives" so you can apply for all of them but I'd do so asap. Definitely contact an attorney. The kids get too old and they you won't be able to assist so you want to avoid that possibility.

Asker

Posted

my biggest fear is that my parents would be denied because of their expired papers and my low income. Do you think there is potential for difficulties? Additionally the cost of an attorney is scary

Posted

I agree with Mr. Randolph. Considering what is at stake and how important it is that this be successful, you really need to talk to an attorney and run these issues by him/her. The attorney should help prepare the petitions as well.

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Posted

As a U.S. citizen you can petition for parent and children. Having said that it is very important you seek professional help before you file the petition and/ or before your relatives plan to leave the U.S.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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