Petition of an Child above the age of 17

Foreign Marriage. An American marries a foreigner who has two children from a previous marriage. One child is 17 years of age and the other child is 21 years of age. The Petition from the American citizen for the Spouse does not include the minor child. The American citizen only petitions for the Spouse, but what can be done for the children?

The American may petition for the Spouse and file a petition for the 17-year-old child as the marriage between the American citizen and the Spouse occurred while this child was a minor, however, the 21-year-old child must wait to be petitioned by the Spouse once that Spouse has been granted a “Green Card”. After that time the 21-year-old child may have its own immigration process.

Attorney:
Fernando PalaciosForeign marriage
Status:
2/3/10

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