Legal Question in Immigration Law in New York

Hello,
I am a lawful permanent resident and have applied for my son with the I-130 petition. My son's I-130 was approved and has a priority date of August 2008. He is 14 years old and is out of status in the United States. Once he will reach his priority date, how should we proceed with his adjustment of status. Thank you.

Asked on 5/19/10, 12:59 pm

2 Answers from Attorneys

Rachel Baskin Rachel Baskin, Attorney at Law

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It depends on your status and when your son's priority date becomes current. There are many different events that could affect your son's eligibility to obtain his green card while in the US. You do not mention how you received your permanent resident status and/or why your son did not apply with you. He may be immediately eligible for his permanent resident status now. Otherwise, if he is here unlawfully, either because he overstayed a visa or because he entered without one, he will not be able to stay in the US to obtain permanent residence until you become a citizen. However, if he remains in the US without status past the time he turns 18 years and 6 months, and then leaves to process his permanent resident application, he will be subject to a 3 year bar, which will not allow him to return to the US for 3 years.

You should speak with an immigration attorney to discuss his status and future options to become a permanent resident, as he has many that may give him a faster route to both permanent residency and citizenship.

Answered on 5/24/10, 1:13 pm

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