Home > Research Legal Advice > Immigration > Can a 20 yr old who overstayed his b-2 visa be petitioned by his permane...
Asked over 1 year ago - Greenbelt, MD
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I am 20 years old and I immigrated to the US when I was 8 with a (B-2) tourist visa. I've lived here since and have never left.
My mother is a permanent resident and she wants to petition for me via the I-130 form, but we are getting conflicting information.
Some lawyers are claiming that since I have been out of status for more than 365 days I will be forced to leave the country and be penalized with a 10-year entry bar, unless I file for a waiver, which is very difficult to get.
Others are saying that since I entered the country legally my mother can simply file the I-130 form, I can wait for my turn and adjust my status without having to leave the country and therefore avoid the triggering of the bar altogether.
I would appreciate an accurate response.
Thank you
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Generally speaking if petitioner is not a U.S. citizen, then their son or daughter does not count as a relative of a U.S. citizen and therefore the petition gets placed in the preference categories. Because the person would not be immediately eligible for a Green Card they would be in unlwaful status until a visa number becomes available to them. During this time USCIS may attempt to institute removal proceedings and because there would be no immediately available visa, the person would be unable to adjust status.
Please go see an AILA certified immigration attorney about your case. I suppose there are a few attorneys who practice immigration law without understanding all the intrcacies, but an AILA attorney should be able to give you solid immigration advice about your particluar circumstances. Also, how long has your mother been a Lawful Permanent resident?
