Legal Question in Immigration Law in California

My daughter in law has had an application to be legal in the system for 10 years. The application was accepted, but her staus has never been changed. She doesn't have a SNN or a driver's license. She married my son who is a US resident in May 2009, she turned 21 in July 2009 then had a child in Sept 2009. My son was in prison for 13 months in 2007-2008 which adds a problem if I understand the process. I don't understand why she wasn't already made a citizen. What can we do to make her legal? What is the cost and how long does it take? Thanks for any help.


Asked on 2/07/10, 11:56 am

1 Answer from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

It's difficult to tell because I have no idea what type of petition was filed for her and the status of that petition. It may have been approved, denied and lost all without her knowledge, for example, if she moved. Since she's so young, it's quite possible some things have occurred without her knowledge. Where are her parents?

Anyway, you're right that the fact your son in is prison may complicate things, but given that her case pre-existed their marriage, he may have nothing to do with it. I'd have to first do some research, such as an InfoPass Appointment to see where her file is and the status. From there I could advise what steps should be taken. Since there are 1,000 ways to skin the immigration cat (i.e., many ways to gain legal status in the U.S.), based on the information you provided, it's impossible to know without digging some what the costs and further procedures which are necessary to make her situation right.

The above is information and not legal advice. It does not form an attorney client relationship. For further information, call me at 818 609 1953 or email me at [email protected].

Sincerely,

Alice Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

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Answered on 2/12/10, 2:13 pm


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