Legal Question in Immigration Law in California

Petition by US-born child

I am a greencard holder with 2 years US residency and is maried to an H1-B holder. At the same time, I am an expectant mother. I already petitioned my husband for him to obtain a work permit other than his current H1B VISA. Butt accordingly, it would take 4 to 5 years before it will get approved. I have not yet filed a US citenship due to lack of residency.

Once my child is born here in the US, can our child be our petitioner to upgrade our current status and/or expedite our current petition? Can he petition us for a permanent residency with work permit and or citizenship? How long would it take for such a case to be approved?

Thank you and I appreciate your advise.


Asked on 6/22/03, 11:09 pm

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Petition by US-born child

Your child has to be 18 years old before he or she can petition for you or your spouse. You have to wait for 3 years..to get citizenship then your spouse's priority date will be current. In the meantime if perm regulation for Labor certification kicks in... your husband can get greencard throught Labor cert faster..but if the process remains the same..it will be about 3 years for him to get a greencard through that process.

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Answered on 6/22/03, 11:32 pm
Larry L. Doan Law Office of Larry L. Doan

Re: Petition by US-born child

A previous attorney's reply is wrong: your child has to be 21, NOT 18, before he/she can even petition for your husband. So, you should, instead, count on the petition that you filed for your husband to get approved in 4 or 5 years time.

This was designed, of course, to prevent an illegal alien from putting one foot across the U.S. border, have a baby, then have the baby petition for the parent!

In the meantime, your husband should make sure his status is always legal in the next few years with the H-1B or another type of nonimmigrant visa.

Liem Doan, Esq.

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Answered on 6/23/03, 1:30 am


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