Legal Question in Immigration Law in Illinois

My husband and I came in 2004, we have 3 kids ages 18, 15 and 7, the two oldest are us citizens. My husband's father is a us citizen and we did an I130 in 2006. But we are living in the U.S since 2004... We came with tourist visa until it expired 6 months later.. will that affect our case? Can our daughter who is 18 now claim us when she turns 21?


Asked on 6/10/10, 6:39 pm

2 Answers from Attorneys

Shah Peerally Shah Peerally Law Group PC

Actually, the only way so far, based on the facts to get your greencard is to wait for your daughter to turn 21, then she petitions for you. The I-130 filed by your husband father will not do much good because you were out of status. I will recommend not leaving the country until you speak to a good immigration lawyer.

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Good Luck

Shah Peerally

Founder and Managing Attorney of Shah Peerally Law Group PC

The Law Firm Deals in Immigration law & Debt Settlement Negotiations.

Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer or a fee agreement is signed by the attorney and the client

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Answered on 6/10/10, 9:54 pm
Luba Smal Smal Immigration Law Office

You and your husband can probably benefit from the future petition filed by one of your US citizen children when they reach age of 21. Your father-in-law petition will not help you to become a permanent resident because you are 'out of status'.

As to your non-US citizen child, he or she will need to find some other avenue to become a permanent resident (as he won't be able to adjust status with you based on your other child's petition).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

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Answered on 6/10/10, 10:05 pm


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