Legal Question in Immigration Law in Texas

Hi I was born in the united states am 18 years old and am pregnant with my first child my baby father is mexican and he has not entered the u.s.a ilegal he is working by contract here in the u.s.a but his contract ends by november so he has to return to mexico I was wondering if I could fix him papers if am 18 years old and some people tell me i have to be 21 to fix him papers we got.married last july and I got pregnant in september can I fix him paper or do I have to wait until am 21 years old??? Please answer....


Asked on 5/26/14, 11:22 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

You don't have to be 21 to petition him, however, the fact that he has an illegal entry with unlawful presence in the United States could affect his ability to get a greencard.

Your case is a little more complicated than if he entered the United States legally, so if you are married to this man, or plan on marrying him, I would highly recommend hiring an experienced, licensed immigration attorney (not a notario or paralegal) to assist you with petitioning him for U.S. permanent residency.

Good luck!

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Answered on 5/27/14, 11:24 am
Rodrigo Garza Law Office of Rodrigo Garza, Jr., PLLC

I would like to take a closer look at his "legal" papers to work in the United States. If he can show he had a legal entry into the country I'll be happy to assist you in his representation because if so and provided he has no other criminal or immigration problem, you only need to be 18 to file a petition for him n he will be able to adjust in the United States. If that's so, congratulations. Rodrigo Garza. Immigration attorney. (956)682-4003

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Answered on 5/27/14, 5:18 pm


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