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Lv 4
? asked in Politics & GovernmentImmigration · 8 years ago

What if your child does not have a visa?

When applying for a child under 21 that does not have a visa what must you do when filing the I-130 form. I am a citizen also. And also what are the privileges you receive if your parent who is applying the I-130 form for you is a U.S. citizen and not a permanent residence.

2 Answers

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  • Raelyn
    Lv 7
    8 years ago
    Favorite Answer

    If your child entered illegally, then he or she cannot adjust status in the US. Current law requires anyone who entered illegally to leave and apply for a waiver in the country of citizenship before returning with an immigrant visa. Obama may issue an executive order allowing spouses, children, and parents of US citizens to stay in the US and file the waiver, but until that happens, there's nothing you can do.

  • Anonymous
    8 years ago

    he must had a visa .. and overstayed he will have to return tio the home country first

    go consult an aila Lawyer ..see if they have a suggestion

    same advice as yesterday

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