Visa Overstays

Question: How much does it cost if a parent is filing for a child? Do they need a lawyer if she overstayed for about 8 years? She’s been here since she was 11 and she is now 19 and her father will be filing for her and she needs to know how much money to gather and how to go about starting the process, and if she will need a lawyer seeing that she overstayed for a period of time.

Answer: The fact that she is a visa overstay is not a problem. That she is a visa overstay tells me that she arrived with a visa. Therefore, she is eligible for adjustment of status, if she has no significant criminal record. If her father is a U.S. citizen, he should file as soon as possible. You do not want her to turn 21 before this is done. If her father is a resident alien, it will take a while for her to get her green card. If she finished high school, she should be eligible for the new deferred action program while she waits. You should expect to pay about $3000 in filing fees, attorney fees and other costs. There may be additional fees and costs if deferred action is necessary. I do not wish to comment on what those might be, as the regulations and forms associated with deferred action have not yet been made. The filing fee for deferred action has not been publicized either.

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