J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
As the parent of a US citizen, as long as you made a lawful entry, you should be able to adjust your status to that of a lawful permanent resident (get your green card). You should consult with an immigration attorney to determine whether there are any disqualifying factors in your case, such as certain crimes. The process for adjustment of status is currently taking about 6 months.
As long as he is over 21 years of age he can petition on your behalf.
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Depends whether you are in the USA or outside.
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So long as your son is 21 years of age or older he can petition for you. The time frame to process your case will depend whether you are in or out of the United States and if in, whether you were admitted to the U.S. legally or not. Since a parent of a U.S. citizen is exempt from quotas processing time can be as little as 4 to 6 months or could take a year or more depending on your factual situation. Consult with an experienced immigration attorney who can review your case, advise you what to expect, and recommend how best to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.
Hello Sir. I presume that you are in the United States. Your son, if he is 21 years of age, or older, may petition for you and your status violation can be waived. However, please consult with an experienced immigration attorney regarding the details of your case in order to protect yourself. Best regards.
Your son can petition for you, however it sounds like you may have incurred a 10 year ban. Since you are abroad, you should file the I-130 (you have nothing to lose) and then file a waiver for your ban. If it is granted, you will be issued an I-551, if it's not granted, you will have to serve the 10 years.
Your son can petition for you if he is over 21 years of age. Since it appears you overstayed for two years and then left the US, you are subject to a ten year bar on reentry. You and your son can file for a waiver of the bar. If it is granted you will be allowed to enter as a Lawful Permanent Resident.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104