Hey friends. Welcome to part two in my series on how to get a green card, despite the fact
that you've overstayed your visa. If you have not yet caught part one, go back, watch it.
I'm going to put a link to it here. And then also watch upcoming videos that I'm going to do on
this subject. For those of you who are new to me, welcome to my channel. I'm Latoya, McBean Pompey,
an immigration lawyer in New York, working with clients all over the us and in many different
countries. If you have an immigration matter that you need assistance with contact us, we'd be happy
to take a look at it for you and see how we might be able to help you. Let's get into it. As I said,
in my first video or part one, this series is directed specifically for those of you
who were inspected by customs, you had a visa and you, you entered, you were allowed in,
in part one, we talked about getting a green card through a us citizen stops in this video.
We're going to talk about getting the green card through a us citizen child who is a child, right?
We're going to get into that shortly. By getting the green card through your us citizen child
will allow you to adjust your status so that you may be able to get your green card right here in
the United States. While you're waiting for the green card application to be processed, you'll
be eligible for the employment authorization document. You'll get a social security card
and you could also get a travel document. What is really required here to prove that you're eligible
for a green card through your child? Well, the first thing is this, the child
must be an adult child at least 21 years old. And that child must also be a us citizen.
The next requirement is where it really gets complicated very quickly for some people.
And we work on these matters. What I'm going to share with you
in this video are really examples from the types of cases that we've worked on at McBain law. But
the other thing that you must prove is the relationship, the parent child relationship.
And in some cases it's as easy as just submitted the birth certificate and that's that. But
in other cases, you must also prove that you've been in the child's life, uh, or you've supported
that child. If you're not able to accomplish these basic things, then it's possible for the petition
to be denied. Now, your case can get complicated. If any of the following things, um, is going on in
your case, obviously, if the birth certificate was obtained years after the child was born, if that
did happen, the U S government will question the relationship. Secondly, if the parent and child
didn't live together, right, they weren't living together while the child was growing up.
That can an issue as well, particularly for fathers fathers who were not in the child's life
during the time the child was growing up, they typically face a harder time proven this parental
relationship. What I will say related to this problem is if a child was born out of wedlock,
then the government will look to a primary piece of evidence to prove that that parent was in the
child's life. So for example, they're going to want some sort of proof of custody, um, that
was obtained when the child was under the age of 18, specifically a written document saying that
that's your child, right? Uh, aside from the birth certificate,
they're going to want something additional for parents in this situation. And so we're talking
about something like a court order, like a child support order. And if that doesn't exist, then
the government has a list of additional evidence that they're looking to call secondary evidence
to show that you've been there for the child, such as proof of payment and other records,
some sort of a paper trail along the way to show that you were really in that child's life.
The other way that this can get complicated obviously is if the parent's name is not on
the child's birth certificate did mention, you know, not living together, but if the parent or
child and child are living in different cities or countries, uh, you're going to have to go deeper,
improve that parental relationship. The other way that this gets very complicated for some people
is if the parent has some sort of violation that requires a waiver and inadmissibility problem
and an admissibility problems as you guys have heard me talk about before our problems around
fraud or misrepresentation, perhaps the parent had years ago submitted an immigration application,
right? Benefit application, maybe LULAC or, um, an [inaudible] petition alleged
and all sorts of things that were not true. And that's on the parent's record right now. Well,
or if the parent has some sort of criminal record, um, or any other inadmissibility
problems that parent will need a waiver. And so if that parent is not able to get the
waiver approved, the green card application would also not be approved. There are
three ways in which the child parent petition will never work. I mean, never work. Okay.
So you really don't want to be in any of these three scenarios that I'm about to discuss
the first is if the parent has marriage fraud on his or her record, if they do have marriage
fraud on their record, their immigration record, then they're barred from pursuing a green card
before us CIS. So that's, that's a huge, huge, huge problem. Secondly, if the child petitioner
is a registered sex offender, then that child is automatically disqualified from a petition for
the parent. And now the third way that the child parent petition process will never work involves,
again, the waiver, the [inaudible] waiver, if the parent needs that waiver, but that parent doesn't
have a qualifying relative for the waiver. Then the green card application cannot be approved
either. And the qualifying relative that's needed for the [inaudible] waiver, it's either a us
citizen or green card holder, parent, or spouse, us citizen, or green card holder. As you can see,
this is not, this process is really not that simple for some people. Again, we work at McBean
law on many of the scenarios that I described earlier. So if you find yourself in one of those,
uh, scenarios, contact us, we're here for you have us take a look at where things are at,
whether it's a previous denial, um, through your child, or whether you have been hesitant
about having your child petition for you because of the circumstances that I discussed earlier. Um,
let us take a look at it for you and see how we might be able to assist you if you have not yet
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Thanks so much for watching and I will see you guys in the next one. Bye.