I am a 34 year old who over stayed my visa. My mother petitioned for me in December 2001, i am presently waiting for 245i to be extended. If it does, will my 7 year old child who currently resides in jamaica be able to benefit from my mother's petition or she will have to wait untill i recieve my greenn card to petition for her? also if she was present in the US will she be able to adjust her status along with me?
If your U.S. citizen parent is petitioning for you on Form I-130, Petition for Alien Relative, and you are married, your spouse and/or children do not require a separate visa petition. If you are unmarried and 21 years of age or older, your children do not require a separate visa petition. In both cases, your spouse and/or children will be included in the visa petition your immediate relative is filing for you. If you are unmarried and under 21 years of age, you will need to file a petition for your children once you obtain lawful permanent resident status.