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Through marriage a visa over stay is forgiven but through a us citizen parent petition for a older unmarried child is not. Why?

Miami, FL |

A father has a stronger bond to their kids than a husband.

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Attorney answers 4


Hard to say without knowing every detail of the parties involved. Seek an immigration meeting with a licensed attorney in Florida for a more accurate analysis of all factors.

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Probably because in the US adult children often leave the home before they are married and start their own families while husbands stay in the same family. The US still allows parents to petition for Greencards for their adult children it just doesn't give them a waiver if they already violated immigration law. Ask your US Citizens friends and family to contact their congressional representatives about changing immigration laws.

Legal disclaimer: This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Do not rely on this advice without speaking to an immigration attorney in detail about your case. This message does not create an attorney-client relationship.

Andre R. Olivie

Andre R. Olivie


There are possibilities to apply for a waiver however it requires a showing of hardship to the parent and the child will have to process outside the country.


Because that is the way the law is written by Congress. The law provides that immediate relatives do not have to maintain lawful status to adjust status in the United States. For those who may maintain status, if their care was fled prior to April 30, 2001, they may be eligible to pay a $1000 penalty fee and still have their green card interview in the United States.


"A father has a stronger bond to their kids than a husband [has to his wife]" That is one opinion, but was not necessarily the thinking of our lawmakers. The husband and wife live together and share their lives, often both before there are any children and after their adult children have left the household and established families of their own.

Colorado 303.442.8554/New Mexico 505.819.3303/ Ms DeSeguin’s statement is general in nature, is not intended as legal advice, and should not be relied on as Ms DeSeguin does not have knowledge of all the relevant and necessary facts. The statement above does not create an attorney/client relationship.

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