Legal Question in Immigration Law in California

My mother is a United States citizen by birth and filed an I-130 form for my brother who was born in Mexico. We received a notice of approval stating that an appointment will be given in the next 30 days. Now the problem is that my brother came to the United states at the age of 2 but was not inspected. He is about to turn 18, without any legal status to be in the country since my parents never filed anything sort of paperwork for him. I was wondering if there would be a problem at the time of the meeting due to his status as an illegal and if we should file any other type of forms or should just continue with the ongoing case?


Asked on 5/21/14, 11:32 am

3 Answers from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

This is a great question. Please call me at (212) 968-8600 or on my toll-free number of (800) 750-1828. Kind regards, RDM

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Answered on 5/21/14, 11:38 am
Mercy Sequeira Law Office of Mercy Sequeira

You really need to see an attorney before he turns 18 so you can proceed to the next stage of the case. This is important otherwise he could be subject to bars. Feel free to call my offices for additional advise at (408) 245-2416.

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Answered on 5/21/14, 12:26 pm
Marlene Hemmings Marlene Hemmings, Attorney at Law

He cannot adjust status in the United States if he did not have a lawful entry, Furthermore, if he accrues 180 days or more unlawful presence once turning 18 years old, he will be barred from re-entering the United States for 3 or 10 years (depending on the amount of unlawful presence accrued).

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Answered on 5/21/14, 6:10 pm


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