Can you file adjustment of status if you are out of status? 1 Answers as of May 19, 2011I am a US resident petitioning for my son who is 15. My son is currently in the US on a B2 visa. We just received the approved I130 but they are currently processing priority date of Jun 2007 and our priority date is Oct 2010. I don't have any family in my home country to care for him so he has to stay in the US with me. What are my options to keep him here legally? If he goes out of status will he be deported? If he goes out of status and remains in the US, once a visa is available can we pay the $1000 penalty and adjust his status or will he be automatically disqualified from getting a green card? My daughter is a US citizen can she adopts and petition for him while he remains in the US? How long will that take?
Law Office of Immigration & International Trade Law | Linda Liang
If your son overstays his visa, he will have a problem.
Answer Applies to: Florida