Legal Question in Immigration Law in California

Re: Is my son eligible for AOS?

If as a parent you file for his green card, he must remain in legal status the whole time unless you or someone else filed for him previously before 4/30/2001 and he was physically in the U.S. on 12/20/2000.

Otherwise he would have to depart the U.S. and it would take a full 10 years out of the U.S. to overcome the inadmissibility caused by his overstay. He could return prior to the 10 years only if a discretionary waiver establishing extreme hardship to you is approved overseas. Such waivers are complex and require much skill and finesse for approval. Also, timing is key to such approvals. It can take a few years planning sometimes before ever filing to establish the extent of extreme hardship required, in my opinion.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Re: Is my son eligible for AOS?

A way he can obtain an AOS/green card, without having to leave the U.S., is through marriage to a U.S. Citizen, assuming that he entered legally and never left the U.S.

In order for you to file an immigrant petition for him, he must have been in legal status since he arrived, unless he is protected by a previous green card application filed for him before 4/30/2001 and he was physically present in the U.S. on 12/21/2000.

If you file for him, he must leave the U.S. to obtain his green card. Once he leaves, this would bar him for 10 years from getting a visa, since he overstayed for more than 1 year. A waiver could allow him to get his green card, but waivers can be very difficult to get approved.

To discuss your specific case further, kindly email me at [email protected], or refer to our contact information on our website at www.loretomedinalaw.com.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: Is my son eligible for AOS?

You really should consult an Immigration Attorney. This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation