Legal Question in Immigration Law in New York

Hi, my children and I entered the US on visitor visas in 2004. Our visas expired in 2007. I am about to marry a US citizen to adjust our status. With regards to the forms I-130 and I-485, both forms require information about children of alien relative. Can I assume that they will have their status adjusted simultaneously with mine as a result of being on my forms? And do i need to pay any separate filing fees/ biometric fees for my children?. They are 18 and 14 years old.

Asked on 2/21/11, 7:02 pm

4 Answers from Attorneys

Attorney Caro Kinsella Law Offices of Caro Kinsella

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For dependents you need to file seperate I-130 & seperate I-485 for your children - they cannot ride on your applications so to speak.

Step children must be 18 or under at the time of the marriage to be able to adjust their status.

As there is a lot of stake here. You should consult with an Immigration attorney before proceeding. My first consultation is free.

Caro Kinsella

Immigration Attorney

[email protected]

954-304-2243

Answered on 2/21/11, 7:14 pm

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Latangie Williams Law Office of Latangie Williams, P.A.

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Although only one I-130 form is required, you will have to adjust each person individually with form I-485. I am also concerned about you being out of status for such a lengthy period. You will need to file a waiver of inadmissibility as a result. For a free consultation, please contact my office at 1-800-408-5818 or email me at [email protected].

Answered on 2/21/11, 7:19 pm

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Nicklaus Misiti Misiti Global, PLLC.

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You don't need a waiver of inadmissibility but I strongly urge you to work with and hire an attorney. You should not be doing this yourself. Feel free to give me a call at 212 537 4407 or fill out the form on my website for a free consultation.

Answered on 2/21/11, 7:25 pm

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