Can we file petition for my daughter after we file my petition?

UPDATED: Oct 26, 2011

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Can we file petition for my daughter after we file my petition?

I married a US citizen but have 2 children of my previous marriage. My oldest child just arrived on a tourist visa but we decided she should stay and go to school here. We are about to start the process of filing my papers I also arrived on a tourist visa and overstayed. We do not know if there might be a problem if we do not file both my papers and my daughters papers together . we ask this because there is a question on form I-30 that asks if the children are filing together how should we answer and do that?

Asked on October 26, 2011 under Immigration Law, Texas


SB, Member, California / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Each beneficiary would have to have his/her own I-130 filed on his/her behalf and your US citizen husband would be the petitioner on all those petitions.  However, fo ryour oldest child, depending on how old she is, she cannot just file for her green card as soon as she comes to the US as a tourist.  YOu have to understand the possible issues down the road if you do that.  I would strongly suggest that you consult with an immigration attorney to understand all the issues.

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