Green card father petitioned for unmarried 15 yrs old son

[tobias 0]

Hello everybody. I am currently Green Card Holder. My son is 15 yrs old and unmarried. He currently in the US under tourist visa but it's already expired for one year. Can I file AOS for my son or do I have to file the I-130 and wait until my priority date is current. Then I can continue the AOS for my son? Do you know how long does it take for petition for unmarried son under 21s that is already in the US. Thank you so much.

[Dakine 26]

Hello everybody. I am currently Green Card Holder. My son is 15 yrs old and unmarried. He currently in the US under tourist visa but it's already expired for one year. Can I file AOS for my son or do I have to file the I-130 and wait until my priority date is current. Then I can continue the AOS for my son? Do you know how long does it take for petition for unmarried son under 21s that is already in the US. Thank you so much.

I'd check with a lawyer as your son may have problems with his overstaying.

[Otto 83]

Hello everybody. I am currently Green Card Holder. My son is 15 yrs old and unmarried. He currently in the US under tourist visa but it's already expired for one year. Can I file AOS for my son or do I have to file the I-130 and wait until my priority date is current. Then I can continue the AOS for my son? Do you know how long does it take for petition for unmarried son under 21s that is already in the US. Thank you so much.

Can my relative wait in the U.S. until he/she can become a permanent resident?

Your approved relative’s petition [i-130] gives your relative a place in line among those waiting to immigrate. It does not let him/her

come to the U.S., or remain here until he/she can apply for permanent resident status. If he/she comes or stays without legal

status, it will affect his/her eligibility to become a permanent resident when his/her place in line for a visa is reached.

Source

[tobias 0]

Thanks u for your response. But I know if the overstay time bar won't kick in until you are over 18 years old. So I think my son is safe for now. And I know that the overstay is forgiven for anybody do the AOS for spouse, parent, or children under 21. The tricky thing is I has to become US Citizen before my son turn 21 years old so that I can start the AOS for my son. So I don't know should I let my son go back home before he turns 18 and wait until his priority date become available so that he can start the immigrant visa process? Please give me some advices. Thank you so much

[diadromous mermaid 36]

What country is your son from? Overstays are only fogiven of immediate relatives of USCs. How soon until you can naturalise?

Thanks u for your response. But I know if the overstay time bar won't kick in until you are over 18 years old. So I think my son is safe for now. And I know that the overstay is forgiven for anybody do the AOS for spouse, parent, or children under 21. The tricky thing is I has to become US Citizen before my son turn 21 years old so that I can start the AOS for my son. So I don't know should I let my son go back home before he turns 18 and wait until his priority date become available so that he can start the immigrant visa process? Please give me some advices. Thank you so much

[tobias 0]

I will naturalize in 5 years. If everything goes according to plan, i can be US Citizenship before my son turn 21. The only thing I am afraid that five year is long time period. So there is a lot of thing could happen. So should I file I-130 now and then I can file I-485 in 5 years later and my son overstay is forgiven. Or should I wait until I become US Citizen and file the I-130 and I-485 together.

[aaron2020 11,651]

You should file the I-130 for your son now. It will give him a Dec 2008 or Jan 2009 priority date. Presumably it will be approved by USCIS in the next few years and forwarded to the NVC for a visa in the F2 category.

If you become a citizen before your son turns 21 years old, he will already be in the system and you can update his application to an Immediate Relative. Applying now will save you time in processing with the USCIS as oppose to applying after you become a US citizen.

If there is a delay in you obtaining US citizenship and you become one after your son turns 21, your son has the option of being in the F2 category or upgrading to F1. He retains the Dec 2008/Jan 2009 PD which is way better than filing after you become a USC. In this scenario, I don't think your son's overstay after he turns 18 years old will be forgiven.

A caveat about filing now, the I-130 asks whether your relative (son) is currently in the US. If you lie on this application, this is fraud and the visa may be revoked even after your son is granted a visa.

You are trying to circumvent US immigration laws. I understand that it is hard to be separated from your child. However you have a legal way to give your child us residency. I think you are taking an unnecessary risk because you will be committing immigration fraud by not being honest on the I-130 when it asks about where your son is currently living.

Best of luck to you.

[aaron2020 11,651]

Personally, if I was in your situation. I would send my son home and immediately file the I-130. I would not take any risk that he could be denied a visa. Why take the risk? He is young and has his whole life ahead of him. Why risk it for 5 years? He is not a baby. He is 15 years old and is almost an adult. He is capable of caring for himself in many ways.

[desert_fox 32]

Be careful with this one and check with an attorney.

Im under the impression that if your son stays, and you become a US Citizen and file the I-130, that your son will not be considered as an immiediate relative for immigration purposes, and therefore will not be entitled to have his overstay forgiven, and would be subject to removal.

[Boiler 45,525]

Once he hits 18 he will accumulate illegal presence.

He is obviously deportable now if caught.

[aaron2020 11,651]

I always wonder why someone with a legal means to immigrate to the US will risk it for a short term stay in the US with the belief that violating US immigration laws will not be a big deal and would be forgiven.

The risk/reward analysis just doesn't seem to make it worth it to me to violate the immigration laws.

[jhcruz18 3]

You are going through a risky situation. The best thing to do right now is go to a competent immigration lawyer. Ask him/her for advice. They know the law better. Good luck. I will keep you in my prayers.