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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.?

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.

I'm out of the U S.

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J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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.


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 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.



Thank you both.I'm presently in the Caribbean Islands. I will contact an Attorney.


Depends whether you are in the USA or outside.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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 general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


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.


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.


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 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


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!