Can my dad sponsor me?

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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 9 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.


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