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Green card father petition for under 21 son whose visa is expired

By tobias in Bringing Family Members of Permanent Residents to America

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tobias Contributor

tobias   0

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I am 10-year US green card holder. I would like to petition for my son whose tourist visa is expired. He came in the US when he was 13 with tourist visa. Now he is 16. I would like to know can I still file the petition I-130 for my son? I still have 4 more years to become US citizen. Do you know how long it will take to petition for my son.

I'm just worry about his illegal status would effect on the I-130.

Please help me. I am in dire situation.

Thanks

honeyB Contributor

honeyB   0

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Filed: F-2A Visa Country: Philippines
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I am 10-year US green card holder. I would like to petition for my son whose tourist visa is expired. He came in the US when he was 13 with tourist visa. Now he is 16. I would like to know can I still file the petition I-130 for my son? I still have 4 more years to become US citizen. Do you know how long it will take to petition for my son.

I'm just worry about his illegal status would effect on the I-130.

Please help me. I am in dire situation.

Thanks

If you will wait for 4 years before you become a U.S. Citizen, then chances would be : your child overages. I suggest you file his petition immediately since I-130 processing times for green card holders has been speeding up lately. It even took only four months for my husband's petition to be approved (I-130 F2A category: LPR's Spouse or child under 21 years old). I filed it last april 2010 and got approved this month. If you file your son's case, then probably next year it gets approved. The only problem you have is if he overstayed in the U.S. since you mentioned his tourist visa has already expired. If before it expired, he lawfully went back to the Phils then that would not cause a problem but if he overstayed there, then it's best you contact a lawyer. You don't wanna jeopardize your son's case.

tobias Contributor

tobias   0

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Thank you for replying to me.

I believe that if my son leaves the US before he turns 18, his overstay will be forgiven. Am I right?

I am thinking about let my son leave the the US before he turns 18, meanwhile, I file the I-130 for him and get his visa via consular processing. So should I file I-130 now, or do I wait until after my son leaves the US and then file?

Thank you

Brother Hesekiel Mentor

Brother Hesekiel   2,236

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No overstay is formally recorded until 180 days after the 18th birthday. That's when Junior has to be out of the country.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

  • 1 year later...
tobias Contributor

tobias   0

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Hey guys,

I am back. Thanks you for helping me out earlier.

My I-130 got approved, now I am in step of filling out the DS-230. In the DS-230 form, there is a part asking where has my son lived since his 16th birthday. Should I honestly say that my son is staying in the US from his 16th birthday to his 18th birthday illegally.

My son is about to leave the US to continuing his F2A immigrant visa. Do I need to tell the immigrant officer that my son has overstayed his tourist visa. But since he left the US before his 18th birthday, the 10-year ban won't kick in?

Please help me out.

Thanks so much again for your supporting

jaycali Experienced

jaycali   415

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Filed: Timeline
Posted (edited)

Hey guys,I am back. Thanks you for helping me out earlier.My I-130 got approved, now I am in step of filling out the DS-230. In the DS-230 form, there is a part asking where has my son lived since his 16th birthday. Should I honestly say that my son is staying in the US from his 16th birthday to his 18th birthday illegally.My son is about to leave the US to continuing his F2A immigrant visa. Do I need to tell the immigrant officer that my son has overstayed his tourist visa. But since he left the US before his 18th birthday, the 10-year ban won't kick in?Please help me out.Thanks so much again for your supporting

Yes. Under no circumstances should you (or he) lie to immigration. Since he came on a valid visa he's not illegal, he's an overstay. He will not be barred for overstay that occurred before his 18th birthday. If you/he are caught lying, your situation will get a whole lot worse.

Edited by jaejayC
 
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