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I just became a US resident. Can I file a petition for my 15 years old son?

Denver, CO |

My son who is a US citizen sponsored me and I just arrived to the US a week ago. However, I have another son who is 25 years old and is staying with my brother in my home country. Can I file a petition for my 15 years old son? if so, how soon?

Thank you!

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Attorney answers 3


You can file for your unmarried son (over age 21) and/or your unmarried son (under 21) now, but would need to be a citizen before sponsoring a married son or daughter. If you sponsor your 15 year old, it will still take some years before your child can immigrate, and you may wish to explore other options for nonimmigrant visas in the meantime.

Best to look into that strategy with an experienced immigration attorney.

This answer provides only general information and may not be relied on as legal advice. For more information about immigration law and policy, please visit or follow us on twitter (@lauralichter) or facebook, www.facebook/lichterimmigration. To find an immigration lawyer in your area, log on to Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.


I agree with my colleague

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


Yes. The sooner the better. Your son can apply for his brother. In some cases, multiple filings are recommended.

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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