Legal Question in Immigration Law in New Mexico

What forms can I fill out for my nephews to become legal? I am a USC. My sister-in-law brought my nephews to the U.S. when they were 10 & 11 and she returned to Mexico. She brought them to us because she could not afford to take them to Mexico and did not have a job or home to offer them. My husband and I have petitioned for Kinship Guardianship but wanted to look into filing for them. I spoke to one lawyer and she said if they are "abandoned" underage children, they can petition for themselves, they are now 15 and 16. I was looking around and found 2 ways for them, as refugees and Special Juvenile Immigrant, but they would have to be ward of the state so I need more information please if anyone can help me so I can help my nephews as best as possible. Thank you!

Mrs. Y. Chacon


Asked on 10/17/10, 3:32 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

An aunt or uncle can't file any petitions for their nephews - unless you have petitioned for children's mother or father and the priority date is current.

If you are thinking about adoption, it has to be done before the child's 16th birthday.

As to the special juvenile immigrant status, a child has to be a ward of the state or court. There is a special court process which preceeds an immigrant application.

I suggest, you consult a good immigration lawyer in your State because the lawyer might need to deal with your State court system as well.

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. To schedule a consultation or for more information, please visit http://www.law-visa-usa.com/contact_us.html

Read more
Answered on 10/22/10, 5:34 pm


Related Questions & Answers

More Immigration Law questions and answers in New Mexico