Legal Question in Immigration Law in North Carolina

residency denied to child

I have friend who is currently a citizen of the US and has a son who currently does not have any legal standing in the US. She submitted paperwork to INS requesting his residency but INS declined it even though he is under the age of 18. What can she do? The reason it was declined was due to letting his visa expire about 6 years ago. They are requesting he leave the country but he is under age and has no family in Peru?? What can she do???


Asked on 12/10/07, 1:00 pm

2 Answers from Attorneys

Michael Cho Law Offices of Michael Cho

Re: residency denied to child

As a US citizen, she may file for her child's permanent residence in the U.S. if he entered the U.S. legally with inspection.

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Answered on 12/10/07, 1:13 pm
Aaron Suero Pedersini Aaron Suero Pedersini - www.dlawyers.com

Re: residency denied to child

If the mother is a USC and her son is under 21 she can petition for him now in the US if he entered the US with a Visa, no matter how long ago it was.

Further information related to the entire case is needed (documents available and filed) to better assist them.

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Answered on 12/10/07, 7:01 pm


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