Can minor children (4 and 5 years old) born in the U.S. petition for their father. Their mother was in jail and is now on drugs. Their mother and father were married in 1996 but since then the mother has gone crazy. She has signed over custody of the children to the dad and he has been raising them for the last 2-3 years on his own. She will not petition for him, myself or my husband cannot petition for him because my husband is only a legal resident here (the dad is my brother-in-law). I have read through thousands of web pages and publications and cannot find anything that is a solution to his problem. He is a good father and a good man. He had a good job with benefits for the kids and everything, but because he can't get this resolved they had to let him go. The company has even offered to rehire him with full benefits right where he left off, when he becomes a legal resident. My husband and myself are willing to be a financial sponsor for him and the children since the kids cannot financial support him as a sponsor. Please help,,,any advice is so appreciated.

Dear Dijo25:

A US citizen child can only petition for their parents when they become 21 years of age.

It is possible that the father can qualify for residency through labor certification, or possibly in some other way. You need to provide all of the necessary information to a qualified immigration law attorney to see if he/she can help. Good luck.