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?
2 Answers from Attorneys
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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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).
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