Can I petition from the US if I overstayed my visa? 8 Answers as of February 01, 2011

I overstayed my visa when I was 13 and now I am 19 yrs old. I have a social security but it's not valid for employment. At one point my mom had a green card because her father (my grandfather) is a U.S. citizen, but she went back to her country and her green card expired, so when she came back years later she overstayed her visa. I just wanted to know, since I am still 19 and according to immigration I am still a child, is there any way that my grandfather could petition me to adjust my status here in the U.S. without me having to go back to my country?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
No. Your grandfather cannot petition for you to get a green card. The only way is if you were brought over as a derivative, follow-along green card with your mother when she came to the U.S. For more discussion on the issue, call or e-mail me.
Answer Applies to: California
Replied: 2/1/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Your grandfather cannot petition for you.
Answer Applies to: Florida
Replied: 1/17/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
You could be a U.S. citizen because of your mother. Please see an attorney for assistance.
Answer Applies to: Texas
Replied: 12/31/2010
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
There are ways that a person can derive citizenship through a grandparent but there is not enough information in this post to say yes or no. You should speak to an immigration attorney in person. In general, you cannot adjust status to permanent residence if you are an overstay unless you are lucky enough to have protection under something like 245i or other amnesty-like law. Although 19 is still a "child" for immigration petition purposes, it is not a child for unlawful presence purposes, so there are some obstacles in your way already. You need to speak to someone in person.
Answer Applies to: Virginia
Replied: 12/31/2010
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
No, not under the circumstances/facts described (in my opinion).
Answer Applies to: Virginia
Replied: 12/31/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You will have to have it filed asap because your grandfather cannot file for you once you turn 21.
    Answer Applies to: Florida
    Replied: 12/31/2010
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    Your grandfather cannot petition for you; however, there seem to be more issues to be considered in your situation and you should contact an immigration lawyer with all the facts to advise you properly.
    Answer Applies to: Florida
    Replied: 12/30/2010
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    See other email that he cannot directly petition you but there may be a route to derivative citizenship depending on the age of your Mom when she became a Permanent resident - it is possible she automatically became a citizen
    Answer Applies to: California
    Replied: 12/29/2010
Click to View More Answers: