What is the legal age to be able to fix your husbands immigration status? 4 Answers as of May 12, 2011

My wife and I have been married for more then 6 months. We have been together for 3 and half years as boyfriend and girlfriend. And moved in together a year ago. She is turning 19 in July and I will be turning 21 also in July. I was born in Mexico but I move to the US illegally at the age of 7. My mother filed the 245-I back in 01 for herself, my stepfather, my sister, and I. Now my question is, my wife, being an US citizen, Can she help me fix my immigration status Even though she is under the age of 21. If anyone can please help me I would really appreciate it

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Your wife cannot petition for you until she is 21 years of age. However, I would have to ask, did your mother get a successful approval of the I-130 petition? If she did, and did so before you turned age 21, then under the Child Status Protection Act, your "age" is your age as of the approval date, at which time you would be eligible to file for permanent legal residency status. You also would be eligible under the provision called "cancellation of removal", since you have lived here for over 10 years continuously, and your wife as a US citizen would suffer extreme and extraordinary hardship if you were to be removed. If you wish to discuss it further in a phone or in-person consultation, feel free to contact me by e-mail or phone to set an appointment.
Answer Applies to: California
Replied: 5/12/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes, your wife can petition you even if she is under 21 years old. If you are protected under Section 245(i) who would be eligible to file for adjustment of status and obtain your Green Card in the U.S.
Answer Applies to: California
Replied: 5/12/2011
The Jarrett Firm, LLC
The Jarrett Firm, LLC | Patrick Jarrett
Your wife's age is irrelevant to whether she can file a petition for you. If you qualify for 245i processing, you may be able to adjust status in the United States. If not, your wife can still petition for you, but the process is much more involved. Before you begin the process, it would be wise to discuss your case with an immigration attorney.
Answer Applies to: Georgia
Replied: 5/11/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Your wife can file for you now. She doesn't have to be 21. (American sons and daughters filing for their parents must be 21. American citizen brothers or sisters must also be 21 to file for another brother or sister, but there is no such requirement for an American spouse.). She has to be 18 for the affidavit of support, and so she OK to file for you. Good luck.
Answer Applies to: California
Replied: 5/11/2011
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