Is it possible for my son who is a US citizen file for my papers after over staying in the US for almost two(2) years.?

Asked about 1 year ago - Miami, FL

My son lives in the US and is a citizen. Will it be worth the time and money to do so. Will it take about six to ten years? please give me your advice.

Additional information

I'm out of the U S.

Attorney answers (9)

  1. Ksenia Alexandrovna Maiorova

    Contributor Level 15

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    Answered . 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.

  2. Alexander Joseph Segal

    Contributor Level 20

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    Answered . Depends whether you are in the USA or outside.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Jeffrey Adam Devore

    Pro

    Contributor Level 20

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    Answered . 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... more
  4. Shahzad Ahmed

    Contributor Level 14

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    Answered . 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.

  5. J Charles Ferrari

    Contributor Level 20

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    Best Answer
    chosen by asker

    Answered . Yes

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  6. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

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    Answered . As long as he is over 21 years of age he can petition on your behalf.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
  7. Jesus Novo III

    Contributor Level 14

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    Answered . 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.

  8. Norma Lorenzo

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Hi hope that you are well. If you entered the US legally and your son is over the age of 21 and a US citizen he could petition for you even if you have overstayed your status. Best of Luck!

  9. Samuel Patrick Ouya Maina

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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