Legal Question in Immigration Law in California

If you are a U.S. citizen, you most definitely can petition for them as long as they were under 18 at the time of your marriage to their father. They can stay in Mexico while the case is in progress. You would petition separately for each of them and their dad. If you're a permanent resident, their residence would depend on their dad's and there would be only one petition. They could still remain in Mexico during the processing. You will need their mother's permission to immigrate them via documentation from their divorce and of course, their father's name on their birth certificates. It might also be possible to bring the children here first, but it's not required at all and might be better if they don't.

For more information, please contact me directly at [email protected], 818 609 1953 or visit me at http://www.yardum-hunter.com.

Sincerely,

Alice Yardum-Hunter

Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

A "Super Lawyer" 2004-2009, Los Angeles Magazine

If you are a U.S. Citizen, and you plan on marrying your fiance in the U.S. who has legally entered the U.S. with documentation (and did not enter without documentation or inspection), you would file the petition for your husband, and separate petitions for his children who are under 18 at the time of the marriage. They would wait in Mexico while their petitions are being processed and they could get an interview at the consulate in Mexico. If you are a permanent resident, then you could also file a petition for your husband and his children, but what that means as far as residency depends on other factors and the wait period. I would be happy to assist you with any questions you may have. Please call the Law Offices of Jennifer Brill at 415-387-1374 (or email at [email protected]) to answer further questions or set up an appointment.