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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption