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Applying for residency on behalf of children already residing in the US.

Sarasota, FL |

Is there a special law allowing permanent residents to apply for residency for their under 21, unmarried children who are currently living in the US? My in-laws recently received their permanent residency, but are still not citizens. I was told that when they have their citizenship they can apply for residency on behalf of their daughters, but not until then. Today they said they talked to somebody and were told there is a "special law" allowing for them to apply for residency on behalf of their one daughter who is 19 and currently lives in the US without having to send her back to Mexico. Is there any truth to what they were told? I just don't want to see them lose any money by applying for something that won't happen.

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Attorney answers 3

Posted

Yes, if the children are in lawful status and they file before September 30, 2013.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

She came in 1999 with her parents when she was four or five. She was not here legally up until she applied for and was approved for the deferred action. That gave her the ability to get a license and SS# & the ability to get a job. Does that qualify as legally here?

Posted

You have not provided enough information to answer your question. We would need to know the current immigration status of the children in question, how they entered the US, etc. Your best bet is to have a private consultation with an immigration attorney.

Asker

Posted

She came in 1999 with her parents when she was four or five. She was not here legally up until she applied for and was approved for the deferred action. That gave her the ability to get a license and SS# & the ability to get a job. Does that qualify as legally here?

Posted

Yes, provided the kids are in lawful, valid status and the are in lawful status and the petitions are received at USCIS on or before September 30, 2013.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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