QUESTION

Can my son, who is a US citizen, file for me so that I can come back to the country?

Asked on Apr 06th, 2012 on Immigration - Georgia
More details to this question:
I was deported from USA for 5 year period cause I had over stayed there and now my son is a USA citizen can he file for me and can I come back to USA? I still have one more year to finish my ban term.
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1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
Generally, when he becomes an adult, a U.S. citizen may apply for his parent to receive immigration benefits. A careful analysis of your removal/deportation would be required in order to assess your future eligibility to be the subject of a family-based application and to be able to return to the U.S. Aside from the express terms of any court order for removal/deportation, many people who overstay their visa become subject to a 3-year bar to re-entering the U.S. (if they were unlawfully present in the U.S. for more than 180 days but less than 1 year), or to a very harsh 10-year bar (if they were unlawfully present for more than 1 year). There is no substitute for having an immigration attorney carefully review all the details of your situation in order to be able to advise about immigration eligibilities, options and strategies.
Answered on Apr 16th, 2012 at 11:35 AM

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