My son is going to see his mom

[Cracker1234]

Hi,

I need a little bit of help with a few questions.

My son's mom went to America over 12 ish years ago on a 3 month visa, whilst she was there she got married to the guy she was going over to see and became pregnant, she's been there for 12 years or more

She over stayed her visa and I've had my son the whole time she's been there, he's 18 now and would like to go and see her, but he's afraid if he says he's going to see his mom at the visa check point he will get her in trouble.

Because she is married to an American and has an American child is she now legal? Is there a time limit on an illegal to be come legal?

He is worried and he really doesn't want to lie a the visa check point....He's only going over there for a couple of months, he lives with me, he really wants to see her as he hasn't since he was 5-6 years old, they've spoke via the internet and telephone only.

Thanks for any help, he just wants to tell the truth.

Edit
My son has spoken to his mom and she said she doesn't think she has legal status, but he does have an aunt who's in the same state that is there legally.

My son is Caucasian, not that should matter, but I thought i would add that.

[immihelp]

If his mother has married an US citizen, she can still apply for green card and get it within one year. She should do that right away.

I don't think it is a good idea for your son to tell the visa officer that he is going to the US to meet his mother who has been living there illegally.

[inadmissible]

Living in the United States as an illegal immigrant is hard. Very hard.

Any alien who has the opportunity to regularize their status will take it - at any cost.

Your baby mama is married to a US citizen and entered the United States on a valid visa (despite overstaying it) therefore she would have been eligible to adjust her status to that of a Lawful Permanent Resident. It would beggar belief that she would not take that opportunity and instead live illegally in the United States. Therefore, I would assume she is not living illegally in the United States. In fact, after all those years, she may very well be a citizen of the United States. The fact that she has an American child is not relevant to the matter.

It would be nice if she sponsored your son's immigrant visa so that one day he too may become a Lawful Permanent Resident of the United States. If he becomes a US Citizen, he could then sponsor your permanent residence there.