Legal Question in Immigration Law in Arkansas

Son of an illegal turns 18 and is also illegal

I will soon marry an illegal alien that has overstayed her Visa . She has a son who recently turned 18. What is the best way to help him to be able to stay in the US after we are married?

He does not have a SSN so he cannot work legally.


Asked on 11/25/01, 4:51 pm

2 Answers from Attorneys

Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Son of an illegal turns 18 and is also illegal

Unfortunately, the 18 year old is out of luck. Aside from a bona fide marriage to a US citizen, there are no other options.

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Answered on 11/26/01, 2:28 am
John V A Holmes Immigration Law Center

Re: Son of an illegal turns 18 and is also illegal

Carolyn is correct. If you marry, if your wife becomes a lawful permanent resident, if your wife becomes a citizen approximately 4 years after becoming an LPR, if she then sponsors her son, who is still unmarried, he might become eligible for lawful permanent residence but he couldn't adjust his status without leaving the USA. And if he left he couldn't get back in for a minimum of 10 years. So...you get the idea. A bpona fide marriqage toa USC IS the only way at this time.

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Answered on 11/26/01, 8:39 am


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