Atlantic Beach, FL Immigration Law Firms & Lawyers

I will assume for purposes of the question that you and your son are both in the US at this time and that you are sponsoring him for permanent residence. Under that circumstance, your son would have to be in legal immigration status until the time that you file for his I-485 adjustment of status application since you are a permanent resident and not a US citizen. If he is in the country as a visitor, it is a violation of visitor status to attend schooling. The filing of an I-130 petition alone does not insulate you from a potential violation. Once you file for his I-485, the law in essence freezes his status from then on even if he begins to attend schooling. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

It appears that someone is an eager beaver. You can sell your residence to whomever you choose, whether the person is a U. S. citizen, permanent resident, person on a nonimmigrant visa, or even someone who is illegal. But at present, an immigrant will not be able to get a green card buying a house for over $500,000. In the Senate bill for comprehensive immigration reform which is not yet law, there is provision for giving retiree visas to aliens who use $500,000 in cash to purchase one or more residences at an amount in excess of 100% of the assessed value; are at least 55 years of age and have health insurance; are not inadmissible to this country; will not seek public assistance; will not work other than to manage a residential property worth at least $500,000; and will reside in the U. S. in a residence worth more than $500,000. If and when this law passes, these qualifying individuals would receive renewable three-year visas and be allowed admission along with their spouses and children. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Hello,   You do not say how long you overstayed in the U.S before you left the country and triggered the unlawful presence bar. The unlawful presence bar requires you to stay outside of the U.S. for 3 years, if your overstay in the U.S. was from 180 days to one year, and up to 10 years if your overstay was more than one year, and you left the U.S. and tried to obtain a green card. You would only make your case more difficult if you tried to renter the country illegally, even if you married an American citizen. Depending on your immigration and criminal history you may be able to file for an unlawful presence waiver and it would be advisable for you to discuss your case details and future plans with an experienced immigration lawyer in your local city before you make any decisions. If you are granted this waiver, you would be able to return to the U.S. to join your spouse without  having to remain abroad for the three or ten years time frame. Good luck.   This information is of a general nature and is not, nor is it intended to be, legal advice. Please consult your immigration attorney with your specific case details for legal advice for your situation.