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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109002
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My wife, who just became a U.S. Citizen, has a 12 year old

Resolved Question:

My wife, who just became a U.S. Citizen, has a 12 year old daughter residing with us, here in the USA, for most of the child's life. However, the child was never legally admitted into the USA. The father of the child one day showed to our door steps with the child and just gave the child to mother. What can we do to process her application? What form should we use?
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

The mother is going to have to file an I-130 for her and process that inside the U.S. Then an appointment will have to be made a the U.S. Embassy or Consulate in the country where she is from. The child cannot get legal status without leaving the U.S. unless it can be proven that she entered the U.S. legally. Luckily, as long as the child does this interview before turning 18 and a half (meaning she leaves the U.S. before turning 18 and a half), she has no penalty to come back. So conceivably, she could leave the U.S. for a few short days and come right back after approval and enter the U.S. as a Lawful Permanent Resident, then the mother just has to file an N-600 for her to get a Certificate of U.S. Citizenship. Here is an official link on how to start the I-130 process:


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