Legal Question in Immigration Law in Massachusetts

travel for child of US citizen and Green Card holder

My friend has married a woman who came to this country legally to work. She brought her young son from a previous marriage with her. After they married she applied for and received her green card. They would now like to return to Central America to visit her family who were unable to be here for the ceremony. This couple has been unable to determine on their own how the change in HER status may affect her SON'S status. I.E. can they travel safely as a family unit without arousing the ire of Immigration officials? For that matter they are uncertain whether or not SHE can travel back to her home country before she recieves full US citizenship. Can you help?


Asked on 12/23/03, 6:56 pm

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: travel for child of US citizen and Green Card holder

As an LPR (green card holder), the wife is free to travel to and from the US. However, if the USC stepfather did not file a separate I-130/I-485 petition/application (relative petition, adjustment of status application, i.e. green card application) for his wife's young son at the same time he filed for his wife, then the young son has no status and can't travel outside of the US until the stepfather files for him and he receives his LPR status. If he does travel outside of the US, he won't be able to return to the US without his green card. He will be stuck in Central America until the processing is completE which could take more than a year. YOUR FRIEND SHOULD NOT TRAVEL WITH THE STEPCHILD UNLESS THE CHILD HAS HIS GREEN CARD.

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Answered on 12/23/03, 9:03 pm


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