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How do I get Visa or citizenship to stay in the USA so I can remain with my son who is 5 year old.

Gaithersburg, MD |

I am a woman from Peru who came to USA on a ten year touris visa. After the first year here I got pregnant from a american man who said he would marry me. While waiting for him my time had expired for me in USA. My son is a American citizen that is 5 years old. My boyfriend has another woman. What do I need to do to be able to remain in USA with my son? What do I need to do to be able to get a job to support my son?

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Attorney answers 5


At this point only if you fall in lave with another US citizen and get married and he would need to sponsor you. Your child can file for you after he/she turn 21.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


It doesn't sound like you have any basis for remaining in the USA at this time. You may want to discuss your situation with an experienced immigration attorney who will determine whether you have any other alternatives.


Unfortunately, your us citizen child can petition for you only when he turns 21. Otherwise, your options are limited to either a marriage-based sponsorship or some lesser common grounds, eg, victims of domestic violence or crime.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at Contact us at 713.335.5505 or email at Veronica Tunitsky offers in-person, as well as telephone and email consultations.


Because you do not have a legal status i the US, you need to discuss your situation with an experienced immigration attorney. The U.S. Government does not give you a status simply because you have a U.S. citizen son (since he is not 21). But there may be other options depending on when your B-2 status expired.

The statement above does not create an attorney-client relationship. It is intended as general information only and it is not a substitute for legal advice. You should consult with a licensed attorney to discuss the specific facts and circumstances of your case.


You should consult with an experienced immigration attorney who will interview you in depth to see what options you may have. You have presumably been out of status for more than five years. Simply having a five year old American son does not grant you any status, nor does having been lied to by the child's U.S. citizen father.

This general information does not establish any attorney-client relationship. There may well be factors not mentioned in the question which could and should be addressed in an attorney consultation.