Legal Question in Immigration Law in California

citizen married to an illegal alien with small children

I am married to an El Salvadorian illegal alien we were recently married and we have a newborn infant. I also have a small child from a previous marriage which ended in Divorce. Is there any way for us to file without him leaving the country as I will not be able to survive on my income alone with the two children? Also my father has stated that he is also willing to sponsor him.


Asked on 4/05/04, 8:01 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: citizen married to an illegal alien with small children

It sounds like you already know a little bit about this because you knew about the possibility of him having to file in El Salvador. Well, you're getting the same answere here: if he entered this country illegally, which I'm pretty sure he did, the answer is no. He cannot file here if you were recently married. He'll have to go back to his country even if you apply for him, but there's a huge chance they won't let him back in for 10 years.

Only if he had a close US citizen relative (parent, another wife, adult child) who petitioned for him before April 30, 2001, then he can file here.

Liem Doan, Esq.

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Answered on 4/08/04, 5:56 pm


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