If my son is 21 and a US citizen and Iam a late amnesty applicant, can he apply for my permanent residence?

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If my son is 21 and a US citizen and Iam a late amnesty applicant, can he apply for my permanent residence?

If so, do I have to go back to my country?

Asked on February 6, 2012 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not sure what you mean by "late amnesty applicant."  If you entered the US lawfully, even if you have overstayed, your US citizen child can petition for your permanent residence.  If you entered the US unlawfully, unless a petition was filed on your behalf by another relative or employer prior to April 30, 2001, under the current immigration laws, you are not able to adjust status to permanent residence within the US.  You would have to go back to your home country to consular process but departing the US would cause you to trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse or child, and this is difficult to do in most cases.


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