Me & My husband are from Mexico? Entered the US with out Visa. Wanted too see if our 17 Year Old son can apply for us to become permanent residency.
He must be 21. Further, unless one of you have US citizen or permanent resident parent, or you had someone file an immigrant petition for you before 4/30/01 and you were physically in the US during Dec 2000, you will not be eligible even when he turns 21. See a Board Certified Immigration attorney.
Son has to wait until he attains age 21 before being eligible to sponsor you for a "green card."
Also, since you entered "without inspection", unless you are deemed "grandfathered' by INA section 245(i), namely that either a family member or employer filed a petition on your behalf on or before April 30, 2001 AND you were physically present in the USA during December 2000, you will not be eligible to apply for any "green card" or status in the USA even when son becomes 21.
Of course, if you are apprehended and detained by "immigration" at anytime, AND you can prove to have been continuously present in the USA for the last 10 years and are each persons of "good moral character", in immigration court you will be able to invoke the "extraordinary remedy" of "Cancellation of Removal for non-LPRs" due to "extreme and unusual" hardship ("dolor y sufrimineto extremo") that your deportation would bring to your US citizen child. Only granted at the discretion of the judge - however.
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. 25 years of successful immigration law experience. The answer above is only general in nature and 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.
Your son must be over 21 and he can't help you with the necessary waivers.
Talk to an attorney in private.
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