Washington, DC asked in Immigration Law for District of Columbia

Q: If my 4 kids are born in the United states can I apply for my residency because of my kids being born here.

If my 4 kids are born in the United states can I apply for my residency because of my kids being born here. Or what necessary steps could my husband and I take ? My kids wants to stay here and do not want to go back home . They are all less than 10yrs old.

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3 Lawyer Answers
Kelli Y. Allen
PREMIUM
Answered

A: No. In and of itself, simply having U.S. citizen children does not supply a basis for permanent residency. U.S. citizen children must be 21 years of age to file an immigration petition on behalf of a parent. Even then, that does not guarantee permanent residency, as other requirements must be met. Contact an immigration attorney for a full analysis of your situation and possible options.

A: No. You are not eligible for LPR status because your children were born in the USA. When they become adults, provided the law does not change, one of your children may sponsor you.

Hector E. Quiroga
PREMIUM
Answered

A: Once your oldest turns 21 s/he can file a visa petition on your behalf. Just having USC children is not a basis for applying for permanent residency.

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