me and my wife are visiting from Canada and my born here is USA a week ago , can me and my wife stay here is USA legally because our son is American ,what is my option beside wait till he turn 18 or 21 to file petition for me and his mother ?
You cannot stay in this country just because your son was born here one week ago. In order for a U.S. Citizen to be able to file an immigrant petition for her/his parents, the citizen needs to be over 21 years old. From the information you provide there is no indication that you qualify for any other immigrant or non-immigrant visa but I suggest that you consult with an immigration attorney to explore other possibilities.
I am a lawyer, but I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.
No. One does not obtain any right to legally remain and/or permanently reside in the US simply because gave birth to a child here. Until your son is 21 and can legally petition his parents, you two will need to explore other possibilities to remain here, namely the TN, E-1, E-2, H-1B, O-1 visa categories, just to name a few. Those are temporary work or treaty trader/investor visas. For obtaining employment-based permanent residence ("green card") an employer will need to file a PERM labor certification application on your behalf (takes 2-3 years, unless in possession of a Master's degree and the job requires as much). Of course, if you are a Canadian of "Extraordinary Ability" you can always self-petition under EB-1 and EB-2 and claim a "National Interest Waiver".
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Hi, you have to wait long time for you to obtain a green card through you son. He will be eligible to petition for you only after he becomes 21. Consult with an immigration attorney for other options.
Attorney Jae is a history professor and immigration attorney with an EB1/NIW specialty. This answer does not constitute attorney-client relationship and is for information only.
Good morning. Congratulations on the birth of your son. Unfortunately, simply having a child who is a US citizen is not enough to confer legal status on you and your wife. As you mentioned, your child will be able to petition for you and your wife once he turns 21 years old, but not before. I would recommend consulting with an experienced immigration lawyer who can get a complete history from you and your wife, and advise whether there are other alternatives for you both to remain lawfully in the United States. Good luck.
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