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Immigratin for parents of a US citizen

My son so was born in US when we overstayed our visa back in 90s. He is a US ciizen and he is 17 and we are outside US since last 10 years. Can my wife and I qualify for immigration to US.

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Attorney answers (2)

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Reputation Level 19
No, not yet.

Your son must be 21 years old and be able to financially support you in the U.S. This can require a U.S. Tax return with a proven salary in excess of $20,000 depending upon whether your U.S. Citizen son has dependents at that time.

If you have any children under 21 years old, those children cannot become permanent residents through the petition filed by your son for you. Those children must wait outside the U.S. until a visa is available. That may take a long time.

There may be other disqualifications that can affect you and your spouse. This is unclear. You should schedule an appointment or teleconference with a very experienced immigration attorney.

This is general information and is not meant to create an attorney-client relationship.

Reputation Level 16
In addition to information supplied in the previous response, note that if at the appropriate time your son's income is insufficient to meet the then-existing requirements, it may be possible for another U.S. Citizen or U.S Permanent Resident to serve as a joint sponsor and to use that person's income to satisfy the Affidavit of Support requirements.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

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