If a child came to USA illegally, he/she is not eligible for adjustment of status. However, he/she might be able to consular process a visa (green card) by going back to Colombia.

If you’d like to schedule a telephone legal consultation, please let me know: Attorney [@] law-visa-usa.com

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The US citizen parent can file the I-130 immediate relative petition for his step-child and the child will likely need to return to Mexico (Ciudad Juarez) to get his green card.

He is under 18 years of age, and thus not subject to the unlawful presence bar, and should not have any problems accomplishing this barring unforeseen circumstances.

How long has it been since the mother obtained the conditional green card? The reason I ask is because while it's true that an petition can be filed by the U.S. citizen for their stepchild (when the relationship is created before 18 years of age), the processing times may cause delays for the child.

Since the child will have to return to Colombia to obtain her visa, there may be other ways to have the child follow the mom to the U.S.

If you would like to learn more, please feel free to contact me for an appointment at my firm's office in Miami, Florida.

Sincerely,

Dear Inquirer:

The child would have to apply for an immigrant visa via consular processing through the US Embassy in Colombia. The petitioner can file for the child as a "step-child" and have the petition routed through the US Department of State's National Visa Center and on to the Embassy.

I recommend that you email visas@hanlonlawgroup.com or visit www.hanlonlawgroup.com for more information.

Regards,