Legal Question in Immigration Law in California

Father is US citizen. Sponsoring me. How many years?

My father is a recently naturalized US Citizen. My current status is that I have an expired B-2 visa and I have not left. I have not received any notice to appear. If my US citizen father petitions for me, how long will it take for me to get green card? Will I be able to AOS in the USA?


Asked on 6/08/09, 2:43 am

3 Answers from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: Father is US citizen. Sponsoring me. How many years?

Dear Inquirer:

If your are out of status and not eligible for Section 245(i)then you will not be eligible to adjust status in the US. Depending on your country of birth, it may take 10-40 years for a green card to even become available through your father's petition.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like further information.

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Answered on 6/10/09, 12:28 am
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Father is US citizen. Sponsoring me. How many years?

You really should consult an Immigration Attorney, because there are many ways to get residency, some of which you may already have. This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation

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Answered on 6/11/09, 1:40 pm
Elaine Martin Law Office of Elaine Martin

Re: Father is US citizen. Sponsoring me. How many years?

The answer depends on your age and marital status. Assuming you are over 21, you will not be able to do AOS in the US because you have overstayed your I-94. If you have overstayed by more than 180 days, you are subject to a 3-year bar on returning to the US unless you can get a waiver. If you overstayed by 1 year, the bar is 10 years.

The waiting period before you can complete the 2nd step at the consulate depends on your preference category, which depends on your marital status. If you are unmarried, you are family 1st preference, otherwise, 3rd preference. You can find the backlogs on the Visa Bulletin here: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

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Answered on 6/08/09, 12:40 pm


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