Legal Question in Immigration Law in California

Green card through my child???

My husband and I are European, and came to the US to study. I have a Master's degree and he is doing a doctorate degree. He is on an F1 visa, and mine is F2. We have a three-month-old boy that was born in the US. Is there any way that we can get a green card through our boy?


Asked on 4/12/04, 2:08 pm

4 Answers from Attorneys

Hamel Vyas Bagia&Associates

Re: Green card through my child???

Your son will be able to file for you when he is 21 years of age. Good luck!

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Answered on 4/12/04, 2:12 pm
Myron Morales Lee Lane Smith LLP

Re: Green card through my child???

Your son cannot sponsor you until he is 21 years old. However, once you finish graduate school, you should be eligible for an H-1B visa and can then adjust to permanent residence through an employer.

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Answered on 4/12/04, 2:22 pm
David Nachman Nachman & Associates, P.C.

Re: Green card through my child???

Unfortunately your son will not be able to confer immigration benefits upon you and/or your husband for many many years. Consider the possibility of an employment-based nonimmigrant and then immigrant visa. If you would like to explore those options, please feel free to contact our office at 201-236-9998 (x100).

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Answered on 4/12/04, 2:29 pm
Neena Bohra Law Offices of Neena Bohra

Re: Green card through my child???

No, this is not an option till your child turns 21. You will have to rely on immigration status derived through your employment rather than rely on your baby.

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Answered on 4/12/04, 2:46 pm


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