Can my dad sponsor me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my dad sponsor me?
My dad just became a permanent resident. I am 20 years old and entered the US legally in 1998, but I overstayed my visa and I am still currently living in the US. Can my dad sponsor me? And if so how long could it take?
Asked on February 1, 2012 under Immigration Law, Illinois
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
He can petition for you but with the current processing times it will take at least 2-3 years and you will turn 21 by then, of course, and will not be able to adjust status to permanent residence within the US. You would have to go back to your home country to consular process but because of the length of your overstay, as soon as you depart the US, you will automatically trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse. Under the current immigration laws, the only way for you to legalize your status within the US will be through a valid marriage to a US citizen.
However, you should clarify how your father became a permanent resident and why you were not included in that petition as his child (under 21). Perhaps there might still be a way to do that if your father got petitioned by a new wife and if they got married prior to you turning 18.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.