Floydada, TX Immigration Law Firms & Lawyers

The son is considered an immediate relative. So, as long as his application for adjustment of status and the petition are filed with USCIS before he turns 21, overstaying should not be a problem.

Falsely identifying children or lack of children can be a very serious problem, not only for trying to get immigration benefits for the child, but also for rebutting a presumption of immigration fraud, which can trigger very harsh consequences. Did you intentionally fail to reveal that you had a child because you thought revealing that fact would have a negative impact on your application? Did you mistakenly fail to reveal that information because you misunderstood the question? A skeptical immigration officer will not be inclined to give you the benefit of the doubt, and without delay you should engage an immigration attorney to review the situation closely. Your communications with an attorney will be privileged and confidential, and so you should be ruthlessly honest when consulting with an immigration attorney now, as you try to maximize "damage control."

You do not have to own your home or apartment to sponsor your parents. But you need to be able to support them above the poverty level. Usually, it takes not less than 6 years from the date of immigration into the United States to become a citizen. Until your parents would become citizens, they will have no right to receive public support. It means they will get no welfare, no SSI, no food stamps, no Medicaid, no subsidized housing. The government will not approve your petition unless you file with it an affidavit of support (Form I-864) showing that you have enough income to support yourself, your family, and your parents above the poverty level. Right now, if you have 1 child, you have to show income over $35,512 a year (in March, this amount will go up a few hundred dollars); if you have 2 children, you have to show over $40,712 a year. If you would file a petition for only one of your parents at this time, the income that has to be shown would have to be $5200 less. If your family income is less than these numbers, you need someone who is a citizen or a permanent resident of the U.S., earns enough money to support his/her own family plus 2 more people above the poverty level, and would agree to file an affidavit of support for your parents. This is a serious matter, not "just filing some papers". If you find a sponsor, he/she files an affidavit of support, your parents come to the U.S., and find themselves in need of financial support, their applications for public support will be denied. In some cases, government agencies give the applicants the support they requested - and then charge the sponsor for it. Medicaid bills alone can easily amount to many thousands of dollars. Understanding this, few people will agree to sponsor your parents and take such a huge financial responsibility.