is there any exceptions? My son is 16, and he is american. will he apply for me the green card when he is 18?
My son is 16, and he is american. will he apply for me the green card when he is 18?
is there any EXCEPTIONS.
- ibu guruLv 77 years agoBest Answer
Absolutely NOT! If you are not legally present in the US, there is NO way to legalize an illegal alien, so first you must return to your country of citizenship and complete your bar to reentry before your US-citizen child can file any petition for your immigration. No waiver possible for parent, since your child must be an adult and able to support you & have a home for you in order to petition for you.
Child must be over 21, residing in the US, earn enough to support self, all other dependents (e.g. spouse, child), plus the parent, and have a home for all of them. NO exceptions, NO excuses. Must produce last 3 years of income tax returns in addition to current paystubs.
If you are an illegal alien & return to your country of citizenship immediately, your child has a right to citizenship in your country of citizenship, so you can take your child(ren) home with you. You must complete your bar to reentry before any petition can be filed. And if a petition is approved, you must wait in your country of citizenship until your Priority Date is current, and you obtain an immigration visa.
After you enter the US on a legal immigration visa, then YOU can apply for a green card. Your child does not get that for you, and you cannot apply for one until you have been legally admitted to US on valid immigration visa.
Assuming you are an illegal alien, and only subject to 10-year bar (rather than permanent bar if you have committed any crimes), and if you return to your country immediately, your citizen-child can file a petition when your bar is up (ten years), then wait for your Priority Date to become current. Not knowing your citizenship, you might be able to immigrate to US sometime between 2025-2040. If you violated any immigration laws or visa regulations, that's what you get for your lawbreaking.
Now, if you have never violated any immigration laws or visa regulations whatsoever and are residing in your country of citizenship, then your child must be over 21, residing in US, and prove sufficient earnings to support himself, all other dependents he may have, plus you, and have a home for all of you to be able to petition for you. Depending on your citizenship, it will take several years before your Priority Date becomes current.
- Brother HesekielLv 77 years ago
He can apply for you as soon as he's 21 and makes enough money for the Affidavit of Support.
Should you by any chance be inside the U.S. and had entered the U.S. without inspection, then you'd have to leave the country and have your interview at the US consulate in your home country. The moment you'd leave the U.S., you'd trigger the 10-year bar.
So if that's the case for you, know that you would have to be outside the U.S. for these 10 years before you can return and time that accordingly.Source(s): The son of a German mother and a Swedish father, I have lived in 6 European countries before immigrating to Southern California two decades ago. I work as a corporate attorney in Santa Barbara and answering questions here is my way of giving back.
- JanLv 77 years ago
Nope, he has to be 21 to petition for you. If you are in the US now illegally, you are not eligible for a green card without first returning home and waiting out the 10 year ban you will receive.
- 7 years ago
if your son is american and born in america he does not need to go and apply for a green card because if he was born in america he is automatically an american citizen. green cards are only for people who come over from a different country and were not born in america and helps them legally live in america.
so no if your son was born in america he would not have to get a green card as he is already a legal american citizen. thats how the law works.Source(s): I watch a lot of law shows and whatever.
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- KIZELv 67 years ago
He can not sponsor anyone until he is 21 for starters and even then it will not make your status legal since you are an illegal present here already. Nothing will change your criminal status until you go home and apply and wait out your ten year ban.
- Yak RiderLv 77 years ago
No exceptions. He can apply for you when he's 21.
- Anonymous7 years ago
I'm tired of outsiders coming, taking jobs that belong to Americans, using services that increases our debt and leaves many Americans without them, and now being accepted legally. Go back to where you came from. This is our country, not yours.
Stick with your own kind, don't f*ck up ours.
- 7 years ago
Not until he is 21 and for that matter you would have to go back to mexico. As long as you have no previous records the process will be fairly simple yet excrutiatingly long.
- ChuckLv 77 years ago
You have to apply for the green card, not your son.
- Anonymous7 years ago
he has to be 21 ..with a good income
and you are in a foreign country and have spent no time illegally in the
US or ever been removerd