AUTISTIC CHILD THAT OVERSTAYED I-94... IS THERE A WAY TO APPLY FOR A GREENCARD?In the past 10 years we've been in the US several times becau...

Question

AUTISTIC CHILD THAT OVERSTAYED I-94... IS THERE A WAY TO APPLY FOR A GREENCARD?

In the past 10 years we've been in the US several times because of our autistic son. We always entered the country legally.

First time here, with our son, was in 2005 for the diagnosis and therapies, and he had amazing results. Than we came back in 2009 for a 4 days Autism Workshop.

We went back to Brazil in 2005 and hoping he could achieve the same results as he had here in US in 2005 with no luck... the last 5 years we moved 4 times in Brazil from city to city trying to find the best opportunities.

We than decided to came back to US in july 2012 to stay 5 months, but in this period he again had great results and we did not go back to Brazil and we overstayed our I-94. Pls we need answers. We did not go back to Brazil to renew our I-94 because its a pain to get a plane with him.

Answer

From what you have described there is not an obvious solution to your problem. If you have family with US citizenship that may be one possibility. There really isn't a medical-need based visa category however.

Answer

As Attorney White has stated, there is no greencard eligibility category for medical need (that actually can deter a person from becoming a U.S. Legal Permanent Resident). Moreover, being out of status will (generally) be a bar to adjustment of status.

Unless you have a U.S. citizen parent who can petition you (then your child could be a derivative beneficiary), I do not see a legal way for any of you to remain in the United States, based on the facts you have provided.