Are there risks to filing immigration papers for your children? 2 Answers as of March 03, 2011

I'm a resident however, my kids are not. I don't want to file any type of immigration papers because I heard that there are some risks of doing this. For example, if I ask for them they would have to go get their residency in their home country. What can I do? Is this true? How long will it take for them to become residents, they are both under age. One is 17 and 12, they came to this country 10 years ago.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You can sponsor them now. They are derivatively qualified. If they are listed in your original petition and application for adjustment of status, then they are qualified, and will be up to their 21st birthday. You do not need to petition for them first. If they were not listed in the original documents, you are allowed to petition for them now. Do so. They do not have to return to their home country. If you want additional help, feel free to call or e-mail to set up an appointment.
Answer Applies to: California
Replied: 3/3/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If you are an LPR, you can file for your minior children. Depending on the circumstances they may not need to depart the US. Please schedule a consult with a competent immigration attorney. Specifically in regards to the 17 year old who will start to accrue unlawful presence on his/her 18th birthday. Your case will be very factually specific so please schedule an appointment today so you ensure that your children are able to remain in the US and become legal. In particular for that 17 year old!!!
Answer Applies to: California
Replied: 3/2/2011
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