Legal Question in Immigration Law in Florida

My wife and I just got married she was here illegally well her visa expired and we are married so we are doing the paper work to start the process but my question is she has a 14 year old son who needs to go back to Russia for personal family reasons and I wanted to know can he come back without a problem since he is a minor and his mother being in the states ? Or how long will it take for him to be able to come back? Does my wife have to wait until she is a citizen ?

Asked on 10/09/16, 1:07 pm

1 Answer from Attorneys

Paul V. Suppicich Maney, Gordon, Zeller, P.A.

Congratulations! Your wife does not have to wait until she becomes a citizen to apply for adjustment of status for her son. He should NOT leave the United States, though, until he becomes a lawful permanent resident, which could take around two (2) years after you petition for her and she applies for the two (2) of them to adjust status. If your wife's son is also a visa overstay, it is unlikely that he would be able to apply for and receive another visa to reenter the United States. When you petition for your wife and she applies for adjustment of status including her son, then his chances may be better. He could then apply for Advance Parole, but that is not a guarantee he would be readmitted. I would recommend that he not leave the United States until he and his mother receive their lawful permanent residence, "greencard," status. If he goes back to Russia now, he may not be able to return to the States for many years.

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Answered on 10/10/16, 6:04 am

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