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    mica2010's Avatar
    mica2010 Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 8, 2010, 11:44 AM
    Will overstaying my visa effect my son's petittion for me?
    My son is a U.S citizen and will petittion for my green card so that I can live with him but I have overstayed my tourist visa. How will overstaying my visa effect my son's petittion for me?
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
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    #2

    Dec 8, 2010, 02:20 PM

    Yes it will affect your adjustment of status as this is an immigration violation; however there is a waiver for immediate relatives under INA section 245(a). Confirm this with an experienced immigration attorney.

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