Can our daughters husband legalize her immigration status? 4 Answers as of April 27, 2011

My daughter is 17 years old and married to an American citizen. Her husband is 18 years old, would he be able to put in the paper work to legalize her status in the U.S? Would her age interfere with the process?

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Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
The husband can file for his wife. If she entered legally (with visa and passport), the paperwork could be done without having to get out of the US. If she entered without paper, she may have to do the paper in two steps, one step being done outside the US. Be aware that anyone in the US without permission to be here is cumulating illegal presence. Any Unlawful presence start after age 18. Make sure your daughter consults an attorney (not a notario or a consultant) about this issue. Good luck.
Answer Applies to: California
Replied: 4/27/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
As long as her husband is 18 years old he can petition his wife and also sign the Affidavit of Support. Her age does not matter has long as her marriage was legal given her age. That is based on the law of the state she resided in when she got married.
Answer Applies to: California
Replied: 4/26/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes, her U.S. citizen husband should be able to regularize her immigration status if she did not enter this country illegally and her current status as a minor under U.S. law should not prove an impediment.
Answer Applies to: Virginia
Replied: 4/26/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
He should file an i-130 and get her a visa.
Answer Applies to: Tennessee
Replied: 4/26/2011
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