When filing out an N-400, what to do about a child who is in the US illegally?

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When filing out an N-400, what to do about a child who is in the US illegally?

My neighbor is a permanent resident and is applying for her US citizenship this year. While filling out the N-400 we had some trouble with Part 9 Information about your children. She has a son who is illegally in the US. He entered the country when he was 13 and is 21 now. He has an A-number since an application for his green card was filed a few years ago I-130 by his mother. How should she fill out this part of the form to avoid any problems? Can she write his name current address which is in the US and A-number without any problems? Can she avoid mentioning him at all? What should she do?

Asked on February 16, 2012 under Immigration Law, Pennsylvania

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

She should mention him since he is her son.  I don't quite understand what you mean by "his mother filed for his green card." but here you are talking about a woman who is his mother but does not seem to be the same person as the one who petitioned for his green card.  On what basis was his green card filed?  If he entered the US unlawfully, he will not be eligible to adjust status within the US under the current laws and especially if he is now over the age of 21.  If he entered lawfully but overstayed, once he turned 21 he is no longer eligible to adjust status as a son of his mother but only through a valid marriage to a US citizen.

 


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