Best Immigration Lawyers in Cleveland, OH

You should file a petition for him as soon as possible. This is because the petition can be upgraded once you become a United States citizen. Also, there is not a major difference in the priority dates for unmarried sons and daughters of U.S. citizens and unmarried sons and daughters of permanent residents. Thus, in either case, an individual would have to wait approximately 6-7 years before their priority dates become current under each category. If your son is under the age of 21, then he will qualify as a child of a permanent resident and have a short waiting period of approximately 3-4 months unless the numbers regress or slow down. Once you become a United States citizen then he will be considered an immediate relative and you do not have to worry about priority dates. He will be able to apply for an Immigrant Visa immediately.

If your sister is not in the United States, then, unfortunately, her petition will be automatically revoked and she will lose her priority date. A petition remains valid only if the petitioner dies when the beneficiary is in the United States.

People who overstay a tourist visa are considered to have overstayed their status. They begin to accrue unlawful presence after their status expires. A variety of options are available to these individuals; however it is dependent on a number of factors such as how long that person has been unlawfully present in the U.S., what country they are from, any harm they experienced in their country, etc.

Always attend your deportation hearings. If you do not, then you are ordered removed in absentia which means without you there. Once you receive an order of removal, then you would need to file a motion to reopen your case. You must show a lack of notice for your hearing or an exceptional circumstance that prevented you from attending.

You can go to Canada to get your visa renewed, however, please keep in mind that you may need a visa issued by Canada to enter the country. Also keep in mind that many other individuals seek to renew their visa at the U.S. Consulate in Canada.