Minor child overstaying B1 visa

[mikeael]

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

[SYH]

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

[mikeael]

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