Q: My son is us citizen, 18 yrs old (was born May 1999) and goes to college in usa. He graduated from high school in tampa.
We (his parents) bought a condo 2 yrs ago in tampa and staying with him with B-2 visa as long as our visa dates last four years. Our 10 yrs visa from our country will be ending in 2019. I heard that our son can apply for green card for us when he is 20 yrs old, it means before 21. Is it true? Please we need to know. Thanks in advance.
A: Your U.S. Citizen son can file petitions for you, his parents, on his 21st birthday. Consider consulting with an immigration attorney, particularly if you have overstayed your visitor visas. Although a visitor visa itself may be valid for many years, U.S. Customs & Border Protection (CBP) typically only grants 6 months of authorized stay at the time of entry. If you have overstayed your visitor status, departing the United States after a certain amount of unlawful presence can trigger certain penalties (e.g., time bars to reentry). Again, consider consulting with a competent immigration attorney.
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