Cumming, GA Immigration Law Firms & Lawyers

I presume from your question that your child entered the U.S. unlawfully and without inspection or has long overstayed/violated an initial visa. Usually this means that a foreign national child is unable to change status or adjust status in the U.S. and instead would need to go abroad and consular process - depending upon the details, however, the foreign national child may be subject to a 3-year or even a very harsh 10-year bar to re-entering the U.S. Also depending upon the relevant details, your child may be eligible for an exception to the usual requirements by seeking relief under a law known as "Section 245(i)." Eligibility requirements for 245i include having been physically present in the U.S. on December 21, 2000; having had an immigration petition filed for the child on or before April 20, 2001; and confirming that the immigration petition had been approvable at the time it was filed. These can be particularly complex cases, and it would be wise for your adult child to consult with an immigration attorney who, after learning all of the relevant details, could advise about immigration eligibilities, options and strategies, and could offer legal representation in an application process.

Generally, an arrest that long ago will have no impact upon eligibility to apply to become a naturalized citizen, just as it apparently had no impact upon your success in becoming a Permanent Resident about twelve years later. It would be wise for you to consult with an immigration attorney who, after learning all of the details about that arrest and about your history since then, could advise about naturalization eligibility and could offer legal representation for the application process.

Significantly more information is needed about you and about your father in order to assess immigration eligibilities and options. Generally, a U.S. citizen child over age 21 may petition for his father who entered the U.S. lawfully and with inspection to adjust status to become a Lawful Permanent Resident (to get a "Green Card") even if the parent has overstayed his visa and/or worked without authorization. Many additional details must be examined, however, to confirm eligibility.