Petition for overstayed child

[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.

This is the last time I will beat the dead horse.

There is always a risk of denial...

The child as stated here is 15 years old, the child will start to accumulate a ban ( for the over stay ) when he reaches 18 years old. By being in the US without a VALID VISA he is subject to deportation. PLease stop saying the child is not deportable he is if caught. There are many stories on the news of families being broken up and devastated as one or more of them is here without a valid visa. Now a days it is different as far as the child leading a normal life. I know when I signed my step sons up for school they had to show this and that paper about being here leagally.

A word of caution do Not say what you do not know. ANYONE is deportable if they do not have a valid visa ( meaning it is current ) and are caught. This does not mean they will come and knock on the door. But you never know!!!!

You guys are twisting everything. Lets go back to the question asked. We all know that if the child is not petitioned for then he is deportable.The question is not about hiding the child in the USA; it is about petitioning for the child at age 15. It takes 4 yrs for a LPR to get a visa number for the child she has petitioned for. Again, we all know that by now. A child ages out at 21; in 4 yrs time her child will be 19 yrs old and at the top of the line with two years to spare before aging out. One year after that she will become a citizen, USCIS allows LPRs who become citizens to change their status by sending proof of citizenship and a visa number will be immediately available. Anyway, regardless of the route she choses to take as long as she has her approved petition, the child would not be up for deportation; that would make no sense for immigration to approve it knowing that it takes four years then deport the child. I called immigration myself and YES she can petition for her child while in the USA.

When you reply, please give me information based on what immigration states and not your understanding of it.

You are giving out very dangerous advice. Once the child's age reaches 18 years and 6 months, his illegal presence in the US may result in a ban of 3-10 years. Even if a visa becomes available to him, he would still be deported and ban. One cannot violate the law and then expect to benefit from it without having to pay a penalty.

[payxibka 10,045]

Can you please give me facts on your response. Where did you get your information from, was it the USCIS website? I got my information from the USCIS website and from an immigration lawyer and I also KNOW that permanent residents have petitioned for their out of status minor children. Again, can you give me proof of your response from USCIS?

You can petition for your out of status child (I-130)... that is not the issue.. the issue is a concurrent adjustment of status (I-485). Unless the petitioner is a USC (which provides an immediate visa number) the adjustment of status cannot occur until a visa number is available

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent

Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

F2A is currently June 2005... A visa number for a child of a LPR will have a 4+ yr wait for a visa number. Only then can adjustment of status happen.

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

payxibka, I noticed that you got your information from travel.state and it is generally correct; however, they grouped the preference for permanent residents and it is not so. Sons and daughters are classified differently from children and is next in the category of preferences. Check out the USCIS website http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

Children (under the age of 21) category is 2A

Unmarried sons and daughters (over 21) is category 2B