Petition for overstayed child

[tobias 0]

My son is currently 15 years old. He came to the US in B2 visa when he was 13 years old. Now I have a Green Card in 2009. I will planning to obtain US Citizenship in 2014. Can I filed I-130 for my son and waiting until his priority date become current. Then I can file the AOS for him. Or should I wait until I get US Citizenship and file the AOS for him.

I worry that because my son is overstayed, by filing I-130 for him, we will run into the risk of deny.

Thank you very much.

[Boiler 45,525]

He is currently deportable.

He will start acquiring illegal presence towards a ban when he is 18.

[tobias 0]

But I heard that the overstay is forgiven if you are immediate relatives of US Citizen by filing through AOS procedure. Im just worry that I won't be US Citizen before my child turn 21. So by filing the I-130 now, this will give us the "Aging Out" protection. Please help me if Im wrong

[justashooter 430]

not much sympathy on this board towards deportable (illegal) people.

[Boiler 45,525]

not much sympathy on this board towards deportable (illegal) people.

Undocumented is the PC term.

Plus who knows what the regulations will be by then.

[aaron2020 11,651]

My son is currently 15 years old. He came to the US in B2 visa when he was 13 years old. Now I have a Green Card in 2009. I will planning to obtain US Citizenship in 2014. Can I filed I-130 for my son and waiting until his priority date become current. Then I can file the AOS for him. Or should I wait until I get US Citizenship and file the AOS for him.

I worry that because my son is overstayed, by filing I-130 for him, we will run into the risk of deny.

Thank you very much.

Since your son has overstay his visitor visa, he is deportable. Even if you petition for him, he is still deportable. A I-130 filed for him today would take about 4-5 years to get approved. Once he turns 18 years 6 months old, he is potentially subject to a ban from the US. Are you willing to take the risk that he will be banned for 10 years? Why are you coming to a bulletin board to get the answer to such an important question? Under the terms of use for this site, we cannot give you any advice that violates the law which includes how your son can continue to be in the US illegally. Go see a lawyer.

[kcoyclay1 98]

My son is currently 15 years old. He came to the US in B2 visa when he was 13 years old. Now I have a Green Card in 2009. I will planning to obtain US Citizenship in 2014. Can I filed I-130 for my son and waiting until his priority date become current. Then I can file the AOS for him. Or should I wait until I get US Citizenship and file the AOS for him.

I worry that because my son is overstayed, by filing I-130 for him, we will run into the risk of deny.

Thank you very much.

Since your son has overstay his visitor visa, he is deportable. Even if you petition for him, he is still deportable. A I-130 filed for him today would take about 4-5 years to get approved. Once he turns 18 years 6 months old, he is potentially subject to a ban from the US. Are you willing to take the risk that he will be banned for 10 years? Why are you coming to a bulletin board to get the answer to such an important question? Under the terms of use for this site, we cannot give you any advice that violates the law which includes how your son can continue to be in the US illegally. Go see a lawyer.

Aaron2020,

Please read what USCIS states before giving advise. She CAN petition for her child. He is a minor and even though he has overstayed, his status can be adjusted. This information has been taken fron the USCIS website. Please note that legally means that he was seen at a border or customs area and given an I-194 or entry into the USA. Adjusting out-of-status children and spouses is not considered illegal. I also checked with an immigration lawyer. See USCIS information below:

"What happens next?

* If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.

[NArocks 13]

My son is currently 15 years old. He came to the US in B2 visa when he was 13 years old. Now I have a Green Card in 2009. I will planning to obtain US Citizenship in 2014. Can I filed I-130 for my son and waiting until his priority date become current. Then I can file the AOS for him. Or should I wait until I get US Citizenship and file the AOS for him.

I worry that because my son is overstayed, by filing I-130 for him, we will run into the risk of deny.

Thank you very much.

Since your son has overstay his visitor visa, he is deportable. Even if you petition for him, he is still deportable. A I-130 filed for him today would take about 4-5 years to get approved. Once he turns 18 years 6 months old, he is potentially subject to a ban from the US. Are you willing to take the risk that he will be banned for 10 years? Why are you coming to a bulletin board to get the answer to such an important question? Under the terms of use for this site, we cannot give you any advice that violates the law which includes how your son can continue to be in the US illegally. Go see a lawyer.

Aaron2020,

Please read what USCIS states before giving advise. She CAN petition for her child. He is a minor and even though he has overstayed, his status can be adjusted. This information has been taken fron the USCIS website. Please note that legally means that he was seen at a border or customs area and given an I-194 or entry into the USA. Adjusting out-of-status children and spouses is not considered illegal. I also checked with an immigration lawyer. See USCIS information below:

"What happens next?

* If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.

Incorrect as the petitioner is NOT a US Citizen yet....... Child is out of status...... There is no Immedite Visa available for a Child of an LPR hence they can not file the I-485

[kcoyclay1 98]

My son is currently 15 years old. He came to the US in B2 visa when he was 13 years old. Now I have a Green Card in 2009. I will planning to obtain US Citizenship in 2014. Can I filed I-130 for my son and waiting until his priority date become current. Then I can file the AOS for him. Or should I wait until I get US Citizenship and file the AOS for him.

I worry that because my son is overstayed, by filing I-130 for him, we will run into the risk of deny.

Thank you very much.

Since your son has overstay his visitor visa, he is deportable. Even if you petition for him, he is still deportable. A I-130 filed for him today would take about 4-5 years to get approved. Once he turns 18 years 6 months old, he is potentially subject to a ban from the US. Are you willing to take the risk that he will be banned for 10 years? Why are you coming to a bulletin board to get the answer to such an important question? Under the terms of use for this site, we cannot give you any advice that violates the law which includes how your son can continue to be in the US illegally. Go see a lawyer.

Aaron2020,

Please read what USCIS states before giving advise. She CAN petition for her child. He is a minor and even though he has overstayed, his status can be adjusted. This information has been taken fron the USCIS website. Please note that legally means that he was seen at a border or customs area and given an I-194 or entry into the USA. Adjusting out-of-status children and spouses is not considered illegal. I also checked with an immigration lawyer. See USCIS information below:

"What happens next?

* If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.

Incorrect as the petitioner is NOT a US Citizen yet....... Child is out of status...... There is no Immedite Visa available for a Child of an LPR hence they can not file the I-485

No one spoke about immediate visa availability. He would be in line until a number is available.

[payxibka 10,045]

No one spoke about immediate visa availability. He would be in line until a number is available.

Not sure where this fits in:

Can my relative wait in the United States until he or she can become a permanent resident?

No. Your relative’s approved petition gives your relative a place in line among those waiting to immigrate. It does not give permission

for your relative to live or work in the United States while he or she is waiting to apply for permanent residence. If he or she enters

or stays without legal status, it will affect his or her eligibility to become a permanent resident upon reaching his or her place in line

for issuance of a visa.

[kcoyclay1 98]

My son is currently 15 years old. He came to the US in B2 visa when he was 13 years old. Now I have a Green Card in 2009. I will planning to obtain US Citizenship in 2014. Can I filed I-130 for my son and waiting until his priority date become current. Then I can file the AOS for him. Or should I wait until I get US Citizenship and file the AOS for him.

I worry that because my son is overstayed, by filing I-130 for him, we will run into the risk of deny.

Thank you very much.

Yoy may petition for your son. I just asked an immigration lawyer the question and got this reply. It only cost $15 on justanswer.com. All the best. Below is the question I posted and the reply.

QUESTION:

I am a new permanent resident; my US citizen husband who petitioned for me is now terminally ill. My 13 yr old son who has been in the US since 2006 was not petitioned for because we could not afford to both at the time. May I petition for him and adjust his status as a permanent resident?

Optional Information:

State/Country relating to question: New York

Already Tried:

Would my minor son be denied adjustment of status?

ANSWER:

Hello,

My name is Eli and I am a JA attorney.

Congrats on your new LPR status. Yes, you can indeed petition for your son as an LPR! You'd be the 2A Family Visa category. The current waiting time for siad category is about 4 years.

Source:

http://travel.state.gov/visa/frvi/bulletin...letin_4575.html

[TayRivers 4]

My son is currently 15 years old. He came to the US in B2 visa when he was 13 years old. Now I have a Green Card in 2009. I will planning to obtain US Citizenship in 2014. Can I filed I-130 for my son and waiting until his priority date become current. Then I can file the AOS for him. Or should I wait until I get US Citizenship and file the AOS for him.

I worry that because my son is overstayed, by filing I-130 for him, we will run into the risk of deny.

Thank you very much.

Since your son has overstay his visitor visa, he is deportable. Even if you petition for him, he is still deportable. A I-130 filed for him today would take about 4-5 years to get approved. Once he turns 18 years 6 months old, he is potentially subject to a ban from the US. Are you willing to take the risk that he will be banned for 10 years? Why are you coming to a bulletin board to get the answer to such an important question? Under the terms of use for this site, we cannot give you any advice that violates the law which includes how your son can continue to be in the US illegally. Go see a lawyer.

Aaron2020,

Please read what USCIS states before giving advise. She CAN petition for her child. He is a minor and even though he has overstayed, his status can be adjusted. This information has been taken fron the USCIS website. Please note that legally means that he was seen at a border or customs area and given an I-194 or entry into the USA. Adjusting out-of-status children and spouses is not considered illegal. I also checked with an immigration lawyer. See USCIS information below:

"What happens next?

* If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.

In this case there is a very big difference between a USC and a LPR. A USC can file I-130 & AOS for a minor child BUT a LPR can NOT file for I-130 & AOS.

Please be careful about the accuracy of the information you are giving before you post.

Edited September 22, 2009 by TayRivers

[payxibka 10,045]

My son is currently 15 years old. He came to the US in B2 visa when he was 13 years old. Now I have a Green Card in 2009. I will planning to obtain US Citizenship in 2014. Can I filed I-130 for my son and waiting until his priority date become current. Then I can file the AOS for him. Or should I wait until I get US Citizenship and file the AOS for him.

I worry that because my son is overstayed, by filing I-130 for him, we will run into the risk of deny.

Thank you very much.

Yoy may petition for your son. I just asked an immigration lawyer the question and got this reply. It only cost $15 on justanswer.com. All the best. Below is the question I posted and the reply.

QUESTION:

I am a new permanent resident; my US citizen husband who petitioned for me is now terminally ill. My 13 yr old son who has been in the US since 2006 was not petitioned for because we could not afford to both at the time. May I petition for him and adjust his status as a permanent resident?

Optional Information:

State/Country relating to question: New York

Already Tried:

Would my minor son be denied adjustment of status?

ANSWER:

Hello,

My name is Eli and I am a JA attorney.

Congrats on your new LPR status. Yes, you can indeed petition for your son as an LPR! You'd be the 2A Family Visa category. The current waiting time for siad category is about 4 years.

Source:

http://travel.state.gov/visa/frvi/bulletin...letin_4575.html

In the above situation just have your USC spouse petition immediately!!!

Edited September 22, 2009 by payxibka

[tobias 0]

Thank you for all of your support. God Bless you all. It's been a emotional months for me. The only worry in my mind is about my son illegal status. Right now, I am LPR. But I think if I become USC, my son out of status issue will be forgiven once I file the AOS for him. I just don't know that I should file the I-130 and get his application in the waiting list. OR I should I wait until I become USC and file I-485 together with I-130.

[TayRivers 4]

Thank you for all of your support. God Bless you all. It's been a emotional months for me. The only worry in my mind is about my son illegal status. Right now, I am LPR. But I think if I become USC, my son out of status issue will be forgiven once I file the AOS for him. I just don't know that I should file the I-130 and get his application in the waiting list. OR I should I wait until I become USC and file I-485 together with I-130.

tobias, is your spouse a USC? If he/she is then they can file for your son. You have not told us how you got your LPR status so we have no idea if other options are open to you.