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zubekakkin OP t1_j6gllrk wrote

My understanding is that if we were to enter the country on a tourist visa and overstay, then we would be ineligible for the green card because we entered the country under false pretenses and that disqualifies you from getting residency. Yes, one child is American but was born abroad.

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fatevilbuddah t1_j6pb87j wrote

Get in on your tourist Visa, and apply for asylum and your card from here, do it without overstaying. You have an American son, and thats generally an almost given that they will work with you and make you a special case. The fact is you should be able to go to the American embassy wherever you are and ask to talk to someone but you're not sure who. They will help direct you to the right place, and because your son is American, they will help with the paperwork and help expedite it. You probably wouldn't even be on a tourist Visa. There is a list of visa types, legnths and rules and I'm sure there is one for your situation that may be much more beneficial. Hell, ask at the embassy if you can do a naturalization test at the embassy. Then you don't need to file for a green card. You're an American and you're going home with your new passports.

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