Does my son have to go back to Mexico first, or can he stay here illegally? 4 Answers as of April 17, 2017

I 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.

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The Law Office Kevin L. Dixler
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
Replied: 4/17/2017
Alena Shautsova
Alena Shautsova | Alena Shautsova
You need to speak with an attorney regarding the situation. When your son turns 18, he will start accumulating unlawful presence time.
Answer Applies to: New York
Replied: 4/17/2017
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes, he definitely can. Please see an Attorney to help you take advantage of this benefit.
Answer Applies to: California
Replied: 4/17/2017
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
Your son's stepfather can petition for him to get his green card, but he will not have any legal status until the entire immigrant visa process has been completed.
Answer Applies to: Texas
Replied: 4/17/2017
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