My minor child is an overstaying alien

[MamaLove 0]

I arrived here in the US with my 6 years old child 3 yrs ago. we're both B1 visa holder. we both overstayed it. now I married my USC boyfriend and we have a child. I already have my EAD and SSN and my adjustment of status interview is coming and they want to see all the birth certificate of my children. (according to the check list) they will surely find out that my eldest is an overstayed who's now 9 yrs old. will he be deported? what can we do about it? can my husband petition him as a step father-step son relationship since we're all living together as a family or do i have to wait for years for me to become a USC to petition him. but i am more worried about the deportation thing because I believe he is deportable. ANy help will be appreciated. Thank you very much.

[Deputy Purple 1,294]

Your child can adjust status with you. Minors don't accrue illegal presence until 180 after their 18th birthday. The child entered the country legally so you're okay.

Edited March 13, 2012 by Bob 4 Anna

[JimVaPhuong 4,863]

You could have submitted an adjustment of status application for your son at the same time you submitted yours. In fact, it would have cost less. You should submit his AOS application as soon as possible. Your husband can petition for him as his step-father.

[zubi 2]

No he didnt overstayed ..

dont worry u are good ...

u can apply for him right now

Edited March 13, 2012 by zubi