complex question green card, mother is citizen before son was 18, overstayed green card

[ISLANDBOY 21]

Hello I am trying to help a friend, Ok here goes.

1. His mother is a citizen

2. He ,her son had a green card

3. she was a citizen ,before he was 18

4. he over stayed his green card, in his home country

5. Green card was returned

 

what is his next course of action to be legal in the USA

[Duke & Marie 1,389]

34 minutes ago, ISLANDBOY said:

Hello I am trying to help a friend, Ok here goes.

1. His mother is a citizen

2. He ,her son had a green card

3. she was a citizen ,before he was 18

4. he over stayed his green card, in his home country

5. Green card was returned

 

what is his next course of action to be legal in the USA

If he’s back in his home country and relinquished his green card.. I believe she’ll have to start the process over and petition I130 for him

[geowrian 22,335]

There's no "overstaying" a green card. Presumably he abandoned permanent residence and lived abroad, making the green card useless.

If he was living in the US while being a permanent resident when she became a USC, then he should have become a USC at that point in time.

 

If he abandoned his residence before she became a USC, then he has no claim too be a USC. He would need to be petitioned by somebody - presumably the mother - to obtain a new green card.

Depending on his current age (under/over 21) and marital status (married/single), the process could take about a year (IR-2) or several years (F1) or ~13+ years (F3).

[ISLANDBOY 21]

14 hours ago, geowrian said:

There's no "overstaying" a green card. Presumably he abandoned permanent residence and lived abroad, making the green card useless.

If he was living in the US while being a permanent resident when she became a USC, then he should have become a USC at that point in time.

 

If he abandoned his residence before she became a USC, then he has no claim too be a USC. He would need to be petitioned by somebody - presumably the mother - to obtain a new green card.

Depending on his current age (under/over 21) and marital status (married/single), the process could take about a year (IR-2) or several years (F1) or ~13+ years (F3).

He lived in his home country with his green card. He was told if he entered the US he would have to stay, he couldn't because of new born son.

His mother was a citizen before he was 18.

 

what is his best course of action to obtain green card or should his mother go for citizenship for him?

 

[azblk 338]

8 hours ago, ISLANDBOY said:

He lived in his home country with his green card. He was told if he entered the US he would have to stay, he couldn't because of new born son.

His mother was a citizen before he was 18.

 

what is his best course of action to obtain green card or should his mother go for citizenship for him?

 

If when his mother become a citizen he was living with her and already had his green card then he become a citizen automatically. If he entered the US as a minor with a green card and the mother was already a citizen then he become a citizen at entry.  His mother can NOT apply for citizenship for him. The most she can do is apply for a green card for him again and that will take a long long time.