Son traveling in USA

Hi,

I am a naturalized citizen of the US. My son is 20, Canadian, and we want to get him a green card. The paperwork is started, but nothing has been submitted yet. But because of this, he was in the US for about 10 months on just a visitor visa.

The green card paperwork requires proof when he came into the US, but he had no entry stamp in his passport. He went back to Canada so that he could get one, but should I be worried that because he overstayed last time, he'll be denied entry back into the US?

Yes, this is a distinct possibility that they will be aware of his overtay.

You should consult with a lawyer before he crosses back into canada.

Btw, if he had entered US, say, a month ago, even without I-94 or stamp issued, he could file his paperwork: all you would put is N/A for I-94 number. you would note where he crossed and which date. Unfortunately, now that he has overstayed, he cannot just put date and place, since this will be evidence of overtstay.

There are ways that he could be able to file paperwork even though is out of status.

Thank you for your reply.

Unfortunately,he already is back in Canada.

As far as proof of entry goes i.e. a passport stamp, I spoke with US Immigration services and they were adamant about having proof of legal entry.

I'm thinking he'll have to stay in Canada until his immigration paperwork is done.