San Bernardino, CA asked in Immigration Law for California

Q: i am a green card holder i have disabled son age 35 years with me here on visit visa my concern is what is possible way

to legally stay with me he is totally dependent on me can’t live by himself his visit visa will be expire soon

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2 Lawyer Answers

A: More facts are needed to come up with the best solution. Contact your preferred immigration attorney in private as this is a public forum.

James L. Arrasmith
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Answered

A: As a green card holder, you have the ability to petition for certain family members to immigrate to the U.S. However, the immediate ability to petition for an adult child, especially one over the age of 21, is limited.

Given the specific circumstances, where your son is disabled and entirely dependent on you, it would be imperative to seek an adjustment of status based on humanitarian considerations.

You should gather all relevant medical and supporting documentation to demonstrate the extent of his disability and his dependence on you. File an I-130, Petition for Alien Relative, on his behalf, and given the urgency, you might consider consulting with U.S. Citizenship and Immigration Services (USCIS) or seeking expedited processing. However, this doesn't guarantee an immediate change in status.

It's crucial to act promptly and consider consulting with an immigration attorney to navigate the complexities of your situation. Remember, overstaying a visa can have serious immigration consequences, so it's essential to address this before his visa expires.

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