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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5075
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am a alien residents since 2001 with card. I brought my

Customer Question

Hi, I am a alien residents since 2001 with green card. I brought my son from Chile to live with me. I need to get him permanent resident status without having to return to Chile. He is a 19 years old, not married. He is here with visa for 90 days. Can I file I-131 and get his status change without having to go back to Chile?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today. My family is actually from Chile too :)

I have good news and bad news for you. Yes, you can file the I-130 (not I-131) for your son right now. The bad news is that since you a permanent resident and not a citizen here, you cannot just file an I-130 and fix his status here in the US. The good news is that there is one thing you can do but it comes with risks. Since you have had your residency since 2001, you could be eligible for citizenship here. If you are eligible and you do become a citizen as soon as possible , and if your son is still under 21 at that time that you become a citizen, then once you are citizen he could get his permanent residency here in the US. The problem with this is that he only has permission to stay in the US for 90 days. It is going to take at least 5-6 months for you to get your citizenship if you apply RIGHT AWAY. This means that he will be in the US illegally for all the time until you become a citizen. In addition, if there is any delay with the process and he turns 21 before you are a US citizen and he stayed here illegally all that time, there will be no other way to fix his status here in the US EXCEPT if he later marries a US citizen. I know that is a lot of information at once so please let me know if you need me to clarify anything.

I also know that immigration issues sometimes are complicated and delicate especially when they are time sensitive like this. So if at any time you would like to have a more detailed consultation by phone to explain better, I can always send you an offer for that legal help for a reasonable. You don't have to decide if you would like that now, but just letting you know it's an affordable option for you to keep in mind.
Les deseo muy buena suerte.

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Expert:  Jen Marie, Esq. replied 1 year ago.


I am just checking in to see if you were able to read the answer I sent you and if you had any follow up questions. Please let me know. Hopefully I have earned your positive rating, that is the only way we experts receive credit on this site.

Muchas gracias, chau.