Can my son petition for us when he becomes a citizen even if we have overstayed in the US? 6 Answers as of January 26, 2011

My wife and I have a son who has just obtained his Green card after marrying an American citizen. In a few years when he becomes a citizen himself, could he petition for us to adjust our status even though we have overstayed?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes he can so long as you had a legal entry and then overstayed. If you entered illegally then no.
Answer Applies to: California
Replied: 1/26/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
As long as he is over 21 years of age and you and your wife entered the United States legally he will be able to petition for you.
Answer Applies to: Florida
Replied: 1/24/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Sure, he could petition for you but if you're still illegal, it would most likely be denied and you could then find yourself placed in removal proceedings.
Answer Applies to: Virginia
Replied: 1/18/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Yes, he can.
Answer Applies to: California
Replied: 1/18/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Once your son is a U.S. Citizen he can petition you. If you legally entered the U.S. and were admitted and inspected you can apply for adjustment of status in the U.S. even if you overstayed if filing based on your son's petition.
Answer Applies to: California
Replied: 1/18/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    He is eligible to petition for parents but unfortunately you won't be able to adjust status in US, which means you will have to return to your home country for interview at consulate. Whether you are subject to immigration bar depends on how long you overstayed.
    Answer Applies to: Florida
    Replied: 1/18/2011
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