Wasco, CA Immigration Law Firms & Lawyers

If your son-in-law's goal is to move to the U.S. permanently, your daughter needs to start the immigration process by submitting an I-130 petition on his behalf to USCIS. It normally takes approximately 1 year to have the paperwork processed before he will be schedule for his immigrant visa at the U.S. consulate. Since he overstayed his authorized stay by at least 6 months, he will be required to apply for a waiver on form I-601 after the interview and establish that his wife would suffer extreme hardship if the waiver application was not approved. If he is able to enter the U.S. on a visitor visa, he can instead apply for adjustment of status on form I-485 with USCIS while he remains in the U.S. with his family.

It depends on you are married to her, exactly how she entered the US, if anything was filed to get her eligible under section 245(i), and any criminal or immigration violations. See an experienced immigration attorney to determine her qualifications.

On the contrary, if your fiancee is pregnant with your child, it would actually help establish that your relationship is bona fide. If you are a US citizen and have resided in the US for at least 5 years, 2 of which was after the age of 14, your child may actually qualify as a US citizen at birth even if the child was born abroad.