from I 130 to what should we do??

[majestik 0]

Hi, Im looking for some help for my friends here who ask me if i could help him out clear a couple of things, hope anybody here can help me:

The Problem:

He came into the country 11 yrs ago(from nicaragua) when he was 12 yrs old. Overstayed a tourist visa. When he graduated high School (18 yrs old) he got claimed by his step father, who is only a resident. His mother got claimed as well. Form I-130. that was on december 2005. His step dad couldnt pass the citizenship exam, and he has waited out the processing time (california) and the visa bulleting line as well (2a i believe). This is where it gets tricky, Law 245 (I) does not cover him, so theyre asking him to leave the country to finish his paperwork with the nicaraguan consulate. I think he shouldnt do it since he can be punished for 10 years for being in the country illegally. Is this right????

Now, the kind of good news for him is that hes been going out with a girl for about 3 years, and they have decided to get married. She is a us citizen and theyre also planning to claim him as a husband. Since his case has been open for so many years what do they have to do to claim him properlly????

[VanessaTony 3,567]

Hi, Im looking for some help for my friends here who ask me if i could help him out clear a couple of things, hope anybody here can help me:

The Problem:

He came into the country 11 yrs ago(from nicaragua) when he was 12 yrs old. Overstayed a tourist visa. When he graduated high School (18 yrs old) he got claimed by his step father, who is only a resident. His mother got claimed as well. Form I-130. that was on december 2005. His step dad couldnt pass the citizenship exam, and he has waited out the processing time (california) and the visa bulleting line as well (2a i believe). This is where it gets tricky, Law 245 (I) does not cover him, so theyre asking him to leave the country to finish his paperwork with the nicaraguan consulate. I think he shouldnt do it since he can be punished for 10 years for being in the country illegally. Is this right????

Now, the kind of good news for him is that hes been going out with a girl for about 3 years, and they have decided to get married. She is a us citizen and theyre also planning to claim him as a husband. Since his case has been open for so many years what do they have to do to claim him properlly????

This would be the guide he would use: http://www.visajourney.com/forums/index.ph...page=i130guide2

There are fees involved to simply apply and there is no guarantee it'll be approved.

** moving from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as the post is about someone adjusting from a tourist visa (even though it's expired) and the prior forum is for K1, K2, K3 & K4**