If someone has been living in the US for over 25 years and had 2 children and a common law spouse can the common law spouse petition for an Alien Relative? I-130? The spouse and children are US citizens. Is there ever a case of children under 21 being able to sponsor a parent? would LIFE act be of use to this person? He was married to a US citizen once before but divorced and never applied for LPR status, can he use that somehow?
2 Answers from Attorneys
U.S. citizen children who are over the age of 21 may file for their parents. However a visa petition is simply one piece to the puzzle. The second step is determining the process in which to obtain status. The visa petition unlocks the second step which is either consular processing or adjustment of status. The decision on to which path to go is generally based off the person's manner of entry into the U.S. and departures/returns. Please contact an attorney to discuss the full scope of circumstances and establish a strategy.
Please call me at (212) 968-8600 to discuss your case and matters. Kind regards, RDM