QUESTION
Can an immigrant parent with sole custody of an American citizen child be able to apply for a green card?
Asked on Aug 25th, 2016 on Immigration - Texas
More details to this question:
I entered the US with a visa and overstayed. I never had any law or immigration problems. I had a child who is now 7 years old, never got married to her father who is a citizen and this year was given the sole custody of her.
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Unfortunately, the only way to immigrate would be for your child to petition you once your child reaches the age of 21. Having a U.S. citizen child under the age of 21 alone is not enough.
Answered on Sep 26th, 2016 at 5:37 AM
When your U.S. citizen child reaches age 21, he/she will become eligible to sponsor a parent in the Immediate Relative visa category notwithstanding the parent's long overstay of her initial visa.
Answered on Sep 20th, 2016 at 6:25 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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It depends on the specifics of your case. But assuming your child is also a US citizen, he or she would have to be at least 21 years of age in order to petition for you.
Answered on Sep 20th, 2016 at 11:31 AM