Julian, CA Immigration Law Firms & Lawyers

You only need one petition for both your sister and nephew. List your sister's child(ren) on page 2 of the form and include a copy of everyone's birth certificate when you file the petition.

The answer is probably yes. But keep a few things in mind. First, getting back to the US generally requires a visa. Qualifying for a visa may be as difficult to do in this situation as ithe issue of your friend having remained here without authorization. Second, your friend's arrest may likewise create a problem obtaining visa issuance. Third, a common misconception is that someone who leaves the US after having been granted voluntary departure can immediately turn around and apply to return as if no violation of that individual's immigration status has occurred. Not true. Yes, leavind under an order of voluntary departure may avoid SOME problems trying to return, the fact is that anyone who leaves after having remained here in violation of US immigration law is unlikely return without a fight. My advice would be to consult with a competent attorney and become informed. Be careful out there. Good luck.

It is unclear if your ex took a voluntary departure or he was deported. If the latter, he cannot come back for at least 5 years unless he has permission from the USCIS to reapply for admission early. If he took voluntary departure, he may come back provided he can get a visa. Your six year old child cannot petition for him as children must be 21 to petition for parents. Consult with immigration lawyer for advise.