Can my US born son file for my resident status if I have a ban from entering US that expires in 1 year?

I am a citizen of Trinidad who lived in the US for 22 years. After my marriage petition for change of status did not go through, I left. My children are all born US citizens – 27, 25, 22, 19 and 12 years old. My oldest son will file for me. Does he have wait until the ban is up?

Asked on May 10, 2016 under Immigration Law, New York


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you were barred from reentry for 10 years because of your unlawful presence in the US, then even if your child files for you and the petition is approved, you will not be able to get a visa until you have satisfied the 10 years outside the US, unless you can show extreme hardship and on that basis obtain a waiver of the 10 year bar to reentry.

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