If our child overstayed the I-94, can we still apply for the I-130 to change his status while he is overstaying in the US?

Our child is fully adopted in Mexico by my husband who is a US citizen and from Mexico and myself, also a US citizen and from the Netherlands. The adoption was done domestically in Mexico (not internationally according to the The Hague Convention). The child has already a new Mexican birth certificate and passport with my husband’s and my name on it. We need to know the easiest way to get US Citizensship for the child. We used the Dutch passport for the child to enter the US because he was refused a visa to the US with the Mexican passport.

Asked on July 11, 2012 under Immigration Law, Florida

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, as long as the child entere the US lawfully, even if the I-94 is expired, you can submit the I-130 on the child's behalf.  You should be able to file the I-130 and I-485 concurrently, as well as all other supporting documentation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.