Minor child overstaying B1 visa

Hi,

My girlfriend took our 7 year old son from Jamaica to the U.S. last year and decided to stay after she got there. My son has as a result overstayed his B1 visa.

My mother, a green card holder, has filed for me and has included my son on the I-130 petition. Will the fact that my son has overstayed his time result in him being denied a green card when it comes time to adjust status?

Any insights will be greatly appreciated.

thanks
mike

Generally minors will not be held responsible for overstays if the parent is the cause of the overstay, but I dont know if he is qualified for a green card

Hi SYH,

Thanks for your quick response. I was under the impression that my son could apply to adjust status the same time I apply to adjust mine when my priority date rolls around in the next 3 years or so. His name was included on the I-130 my mother filed and was approved in March 2006. My girlfriend subsequently took my son to the states in December and overstayed his 3-month visa stamp.


Note: My mother is filing for citizenship in November this year. Barring any hiccups, it should be finalized in 2008.


Again, any insight is welcome.

regards,
mike