If I entered the US on a tourist visa and overstayed but my dad is a lawful permanent resident and would like to sponsor me for a green card, will I be eligible?
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If I entered the US on a tourist visa and overstayed but my dad is a lawful permanent resident and would like to sponsor me for a green card, will I be eligible?
I am 24 years old.
Asked on January 16, 2016 under Immigration Law, New York
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, unfortunately, the unlawful presence will prevent you from adjusting status through your father. You will only be eligible to adjust status, under the current immigration laws, through a valid marriage to a US citizen. You can also go for consular processing but you will trigger an automatic 10 year bar to reentry to the US, if you have been out of status and unlawfully presence for more than 1 year.
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