Navigating the complex U.S. immigration system can be daunting, especially when pursuing unique overstayed visa solutions like going through a U.S. citizen or green card holder parent. An overstayed visa is an issue that occurs when an individual stays in a country longer than they are allowed to under their current visa. A U.S. citizen or green card holder parent may be able to petition for their child in order to get them a green card while they are in the U.S. on an overstayed visa.

LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.

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Important Factors

Age and Marriage Status of The Applicant

U.S. Citizen Parent

If the child applicant is under 21 years old, unmarried, and a legitimate immediate relative of the U.S. citizen parent, they are eligible for adjustment of status.

On the other hand, if the child is 21 or over, they are legally considered an adult and have unlawful presence on their record due to staying on U.S. soil under an overstayed visa. As such, they are not eligible for adjustment of status and will need to go back to their country of origin after obtaining an I-601A waiver for unlawful presence, to go through the immigrant visa application process through the nearest U.S. embassy.

Green Card Holder Parent

In this case, the child applicant does not need to be under 21 in order to apply for a green card. However, the child applicant, regardless of their age, cannot be married if they want to pursue this green card option.

Furthermore, the child applicant, regardless of their age, will not be granted adjustment of status, and will instead have to go back to their country of origin after obtaining an I-601A waiver for unlawful presence, to go through the immigrant visa application process through the nearest U.S. embassy.

Lawful Status of the Applicant

Unlawful Presence

If you have remained in the U.S. under an overstayed visa, you will have unlawful presence on your record. In addition to this, you may have also accumulated unlawful employment if you have been working on an overstayed visa as well.

If this is the case, you will need to file an I-601 waiver for unlawful presence, after which you will have to go back to your country of origin and continue the immigrant visa application process through the nearest U.S. embassy.

Lawful Presence

If you have maintained lawful presence in the United States, for example, under an F1 student visa, you may be eligible for adjustment of status once your priority date comes up.

Conclusion

So, is it a good idea to wait until your parent has become a U.S. citizen in order to apply for a green card through them?

We would say no.

It is a better idea to apply while they are still a green card holder, as there is a lengthy wait for this application process. You will be in the queue for several years, so applying as soon as possible is key.

Planning Your Roadmap to Success

Despite nuances and snags, thousands obtain green cards annually and find stability. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. A fruitful life with your loved ones awaits at the end. Partner with New York immigration lawyers like the team at McBean Law to chart your visa journey’s triumph.

If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.

LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.