Does my son have to go back to Mexico first, or can he stay here illegally? 4 Answers as of April 17, 2017I have a green card and am married 3 years now to US citizen. My 5 year old son from a previous marriage was brought here illegally in April 2016 by my parents, and he is with me since that time. I think my husband, my son’s stepfather, can petition for my son.
The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
There can be complications, but your son will have to process in Mexico, because he entered without inspection and admission. I strongly recommend an appointment with a competent and experienced immigration attorney, who understands the process. Also, all of the possible ways in which your young son may disqualify himself. There are some issues that should be discussed sooner than later, because he is of school age. Attending a grammar school may cause complications.
Answer Applies to: Illinois