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, 2011My 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?
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
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