Legal Question in Immigration Law in California

My son was waiting with me under the law 245i to become a permanent resident when I got divorced, I became a resident because I married a citizen and my lawyer told me that my son couldn't do it because he wasn't his son. My husband adopted my son who was borned in Mexico, now I have been told that I need to get a certificate of citizenship. I got his birth certificate but he is not a permanent resident, What do we need to do now?


Asked on 10/30/09, 8:57 pm

3 Answers from Attorneys
Charles Medina Law Office of Charles Medina

If your marriage after your son turned 18, your husband cannot petition him as step-son. Immigrant petition through adoption has sepcial requirements and we are not sure your son is qualified.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net or contact us via [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 11/04/09, 9:06 pm
Charles Medina Law Office of Charles Medina

If your marriage happened after your son turned 18, your husband cannot petition him as step-son. Immigrant petition through adoption has sepcial requirements and we are not sure your son is qualified.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net or contact us via [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 11/04/09, 9:07 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Insufficient facts are provided to determine whether your son could derive citizenship from you, were you to become one. You could of course file on his behalf for permanent residence if he is not a citizen and he would qualify under 245(i) if he has been in the U.S. for years. If he turns 21 before getting permanent residence through you then he would have to remain single until getting the green card. This situation seems to have been mismanaged. Your first husband could have filed for him if you were married while your son was under 18.

For further information, feel free to phone or write me at 818 609 1953 or [email protected].

The above is for information and doesn't form an attorney client relationship or is it legal advice.

I look forward to hearing from you.

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Answered on 11/04/09, 10:25 pm


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