Legal Question in Immigration Law in Arkansas

Is it possible for a married, 21+ son to a legal resident who entered the USA with a VISA WAIVER to gain residency?

My mother is a legal resident of the USA coming up to being eligable to get her naturalization. I came over to the USA from Australia following her instructions nearly 3 years ago on a VISA WAIVER (which is clearly overstayed now) only to find out we went about it the wrong way.

My wife who is 23 and myself, 24 are seeking to gain residency in anyway possible, we are willing to pay fines and take responsibility for the laws that we have broken. My mother and brother are over here and have residency. I really need to know of any options that would keep us all together.

I ask this question simply seeking guidance as we have been told to wait it out, but have been waiting for 3 years now and nothing seems to be happening any advice is greatly appriciated.


Asked on 7/19/10, 12:55 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

No, unfortunately, it's not possible - not now, not later when you mother becomes a naturalized citizen. There are simply no provisions on the law to "forgive" your unlawful presence (because you are a married adult son of a LPR or USC). Unfortunately, you had followed a wrong advice. I understand that you haven't consulted a knowledgeable immigation attorney before making this step (moving to USA and taking illegal residence without an appropriate visa).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @ law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

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Answered on 7/19/10, 4:24 pm


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