Pacifica Legal Services | Floyd Fernandez
The answer is yes. You may most certainly petition your married son, as a U.S. citizen. However, the problem comes with the waiting period after being classified as priority preference 3 as the married son of a U.S. citizen, which will be for when he will be eligible to adjust status. That period will be from 10 years world wide to 19 years for such people and their spouses/children from Mexico or the Philippines! I am sorry to give bad news, but that is the fact. What can be done is for your son to gain entry under parole admission while the petition/application is pending, under the cause of your health and need for care. If you want further help from an attorney (and you will), please feel free to call or e-mail to set up an appointment.
Answer Applies to: California