Stockton, CA asked in Immigration Law for Texas

Q: Can my son help me fix my immigration status even though he lives in California and I in Texas?

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2 Lawyer Answers

A: Usually the way to "fix" one's immigration status through their child is via getting a green card.

U.S. citizen children over the age of 21 can petition for their parents as immediate relatives. If someone comes into the US on a valid visa and overstays then it is usually a straightforward process to adjust status and get a green card through their U.S. citizen child (over 21 years old).

If the person came over unlawfully/EWI, getting a green card requires leaving the country and can come with the complication of being barred from reentry for 3 or 10 years depending on the length of the unlawful stay.

The above information is general in nature and there are various details missing, so it is not meant to be depended on as legal advice to an individual. Because of the complicated nature of immigration law, you might want to consult with a local immigration attorney, providing more facts than you have here.

A: Only if he is United States Citizen.

Be cautions: make sure you qualify for a wavier before departing the USA.

Do you qualify for a waiver for unlawful presence?

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