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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption