Legal Question in Immigration Law in Arkansas

Marriage to an Illegal with kids

Will the INS honor a marriage between an American and an Illegal lady with minor kids. Will they allow her to stay after applying for change of status. Will the older child, 18, also be able to be sponsored. Generally how long will it take to accomplish these procedures.


Asked on 4/02/02, 6:08 pm

2 Answers from Attorneys
Eric Schultz Sacks, Kolken & Schultz

Re: Marriage to an Illegal with kids

The main things I would add to the prior response are:

- how is the spouse "illegal"? If she entered without inspection, she may not be eligible to become a permanent resident right now.

- the US citizen spouse should be able to file visa petitions for the children as his stepchildren as long as the marriage occurred before the children were 18 years of age. They would be eligible for a green card that way.

Just a few thoughts. Best of luck.

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Answered on 4/16/02, 4:14 pm
Fariba Faiz Law Offices of Fariba Faiz

Re: Marriage to an Illegal with kids

Yes as long as the marriage is valid the INS will recognize it as such. The husband may file the proper immigration forms for the spouse to obtain immigration benefits depending on the manner of the spouse's entry and duration of the marriage among other factors. The minor children should be able to recive the same benefits. The 18 year old may need for mom to obtain her own status and apply for him thereafter.

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Answered on 4/02/02, 6:30 pm


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