My son just got his citizenship, do I have to go to Mexico if he petitions an I-130 for me?

Under current law, you are not adjustable to permanent residence as you entered the US without inspection unless you are the beneficiary of §245(i) – that you had a labor certification application or immigrant visa petition pending on your behalf by April 30, 2001, and were physically present in the US on December 21, 2000. If you do not qualify under §245(i), and your US citizen son 21 and older files an I-130 petition for you, you would ultimately have to leave the US to interview for the green card in Mexico. I note that if you have been living in the US for either 180 days or one year, you would be barred from returning for three years and 10 years respectively. The current solution is that if you have a parent or spouse who is a US citizen or permanent resident and would suffer extreme hardship if you were removed, you should file for an I-601A waiver while in the US.  You would be able to receive the decision before having to make up your mind whether to return for a consular interview. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.