minor son aos with visa waiver

[floridaboy99 0]

Hello,

my son is going in the summer to Germany this is before my aos is through ,

can my son when he is back adjust from 90 day visa waiver ?

[JimVaPhuong 4,863]

Hello,

my son is going in the summer to Germany this is before my aos is through ,

can my son when he is back adjust from 90 day visa waiver ?

Not nearly enough information...

What type of visa did your son enter the US with? What is his current status? How old is he? On what basis are you adjusting status?

[floridaboy99 0]

He is here with me on an e 2 ,but it expired in April

I have filed for aos and have an interview on jun 28

he is 15 years old and I wanted to adjust from e 2 but he want to go to see his mom for the summer that means when he comes back from germany he will be here as a visitor and I plan on adjusting from the visa waiver if possible .

[JimVaPhuong 4,863]

He is here with me on an e 2 ,but it expired in April

I have filed for aos and have an interview on jun 28

he is 15 years old and I wanted to adjust from e 2 but he want to go to see his mom for the summer that means when he comes back from germany he will be here as a visitor and I plan on adjusting from the visa waiver if possible .

You still haven't told me on what basis you are adjusting status. Someone who enters using the VWP is generally barred from adjusting status. However, there is an exception for an immediate relative of a US citizen. If you married a US citizen, and he will be adjusting status as a step-child of a US citizen, then he qualifies for the exception.

Adjusting after entering with the VWP is risky. Any decision cannot be appealed. A VWP entrant waives the right to appeal as a precondition of using the VWP. There's a possibility they will conclude he entered using the VWP while having the preconceived intent to immigrate. If the IO denies the AOS on that basis then he won't get a green card, and may even be deported, and you will not be able to do anything to stop it. Since you are clearly planning this in advance then the preconceived intent does exist.

You might be better off having your spouse file an I-130 for him and get him an immigrant visa. This will eliminate all of the risks involved with adjusting status after a VWP entry.

[floridaboy99 0]

You still haven't told me on what basis you are adjusting status. Someone who enters using the VWP is generally barred from adjusting status. However, there is an exception for an immediate relative of a US citizen. If you married a US citizen, and he will be adjusting status as a step-child of a US citizen, then he qualifies for the exception.

Adjusting after entering with the VWP is risky. Any decision cannot be appealed. A VWP entrant waives the right to appeal as a precondition of using the VWP. There's a possibility they will conclude he entered using the VWP while having the preconceived intent to immigrate. If the IO denies the AOS on that basis then he won't get a green card, and may even be deported, and you will not be able to do anything to stop it. Since you are clearly planning this in advance then the preconceived intent does exist.

You might be better off having your spouse file an I-130 for him and get him an immigrant visa. This will eliminate all of the risks involved with adjusting status after a VWP entry.

I wanted him to stay here and adjust from e 2 he has been here since 99 with me , but he has not seen his mother for over 2 years .

I cant hold here he want to go ,but he will be coming back for sure .

It is just a big hassle for us legal people and they suck the money out of you too.

I just frustrated about hat damn system here.

It probably takes too long to do the adjustment in Germany , I dont want him to miss any school time

[JimVaPhuong 4,863]

I wanted him to stay here and adjust from e 2 he has been here since 99 with me , but he has not seen his mother for over 2 years .

I cant hold here he want to go ,but he will be coming back for sure .

It is just a big hassle for us legal people and they suck the money out of you too.

I just frustrated about hat damn system here.

It probably takes too long to do the adjustment in Germany , I dont want him to miss any school time

Fine, you've told me what visa you and he will be adjusting from, but you still haven't told me what basis you and he will be using to adjust status. I don't believe the E1/E2 is a dual-intent visa that eventually leads to a green card. Are you adjusting status because you've married a US citizen? Will he be adjusting status on the same basis; e.g., he's the step-son of a US citizen because you married a US citizen before he was 18?

[Que Saudade 284]

I'm sorry, I am confused. How will he re-enter the US once he leaves? He can't very well say I am here to live with my dad. Since the E2 expired, what gives him the right to re-enter. The VWP will not meet this requirement as he clearly is not here to visit and he has no other permit???

[floridaboy99 0]

Fine, you've told me what visa you and he will be adjusting from, but you still haven't told me what basis you and he will be using to adjust status. I don't believe the E1/E2 is a dual-intent visa that eventually leads to a green card. Are you adjusting status because you've married a US citizen? Will he be adjusting status on the same basis; e.g., he's the step-son of a US citizen because you married a US citizen before he was 18?

Correct he is a step son of US citizen and he is only 15 right now ,

thanks

[floridaboy99 0]

I'm sorry, I am confused. How will he re-enter the US once he leaves? He can't very well say I am here to live with my dad. Since the E2 expired, what gives him the right to re-enter. The VWP will not meet this requirement as he clearly is not here to visit and he has no other permit???

I know I am confused myself , but here are the facts

I married an US citizen and just filed for I 485 from E 2 expiration April 11 th ( we are here in the US for 12 years )our I 485 interview is this month on the 28 th.

I thought he would be on the same application since he is a minor so I filed and he was mentioned in the application ;but I did not file a separate one for him.

So I dont know if he is going get it or I have to do the whole process for him as well.

His flight is next week so I might have to do a application for him either while he is in Germany , but I think this is going to delay everything.

Or I just have him come here on Visa Waiver and do it from there .

it is just a lot of BS to do it legally here.

Or I let him come over the southern border and wait for amnesty !

[aleful 1,905]

I know I am confused myself , but here are the facts

I married an US citizen and just filed for I 485 from E 2 expiration April 11 th ( we are here in the US for 12 years )our I 485 interview is this month on the 28 th.

I thought he would be on the same application since he is a minor so I filed and he was mentioned in the application ;but I did not file a separate one for him.

So I dont know if he is going get it or I have to do the whole process for him as well.

His flight is next week so I might have to do a application for him either while he is in Germany , but I think this is going to delay everything.

Or I just have him come here on Visa Waiver and do it from there .

it is just a lot of BS to do it legally here.

Or I let him come over the southern border and wait for amnesty !

no, he isn't your derivative.

your wife has to file a separate petition for him as his stepmother.

[floridaboy99 0]

no, he isn't your derivative.

your wife has to file a separate petition for him as his stepmother.

thanks that is what I thought but could he adjust from Visa waiver program if he comes back from Germany anybody knows ? I was reading in other forums that people did that for there fiancée.

[Deputy Purple 1,294]

thanks that is what I thought but could he adjust from Visa waiver program if he comes back from Germany anybody knows ? I was reading in other forums that people did that for there fiancée.

Here is the straight answer:

It is illegal to enter the US on a non-immigrant Visa or the VWP with the intent to adjust status to LPR.

Do people get away with it? Sure they do all the time.

Do people get caught & in trouble for it? Yep that happens also.

If your son is asked what's the purpose of his visit to the US how will he answer? If he says to become an LPR and live here they will not admit him.

If he lies and says to visit they may set him up for Material Misrepresentation (it has happened).

Remember they have record of him in their system and it ties him to you through the E-Visa. If they see that the E-Visa is expired and you have a pending or completed Adjustment Application what conclusion do you think they'll come to?

So now they suspect he's gonna AOS... They'll ask him leading questions, get him to state specifically that he will not AOS. Or he'll admit that is the plan and then he'll be denied entry.

If they got him to misrepresent then they'll have record of it for the AOS application and it won't go well.

Had you filed AOS before he went out of status you could have applied for Advance Parole to allow him to travel while the AOS was pending but it's too late for that now.

It's a roll of the dice, you are the only person who can decide if it's worth the risk or better to just delay the visit to Mom until the holidays.

Edited May 31, 2011 by Bob 4 Anna

[floridaboy99 0]

Here is the straight answer:

It is illegal to enter the US on a non-immigrant Visa or the VWP with the intent to adjust status to LPR.

Do people get away with it? Sure they do all the time.

Do people get caught & in trouble for it? Yep that happens also.

If your son is asked what's the purpose of his visit to the US how will he answer? If he says to become an LPR and live here they will not admit him.

If he lies and says to visit they may set him up for Material Misrepresentation (it has happened).

Remember they have record of him in their system and it ties him to you through the E-Visa. If they see that the E-Visa is expired and you have a pending or completed Adjustment Application what conclusion do you think they'll come to?

So now they suspect he's gonna AOS... They'll ask him leading questions, get him to state specifically that he will not AOS. Or he'll admit that is the plan and then he'll be denied entry.

If they got him to misrepresent then they'll have record of it for the AOS application and it won't go well.

Had you filed AOS before he went out of status you could have applied for Advance Parole to allow him to travel while the AOS was pending but it's too late for that now.

It's a roll of the dice, you are the only person who can decide if it's worth the risk or better to just delay the visit to Mom until the holidays.

thanks for your remarks,

I would love to do it the right way , (like I always did I've been living here since 99 never overstayed ) but why is everything so difficult for LEGAL people here ?!

It is just so frustrating when you see Millions of illegals even protesting ! running around here, there should be a little break for people like us since they charge the living hell out of us as well with all them fees.

I could let everything go over the American Embassy in Germany but that delays everything even more, even though I have all summer to do it. Just want my boy to continue his school and all since he has never been in any other school system .

It is so damn unfair that immigration system here .

There should be a movement from all immigrants ( legal ) to change that !

God bless America; the land of the free ? !

[Deputy Purple 1,294]

I would love to do it the right way , (like I always did I've been living here since 99 never overstayed ) but why is everything so difficult for LEGAL people here ?!

I hear ya but like I said had you filed AOS for him before he went into overstay then he could travel on Advance Parole. Actually, consult an Immigration Lawyer as minors are held accountable for overstay until they turn 18. It might be a loophole that you could file & apply for AP then let him travel on it because he hasn't technically accrued overstay yet.

[JimVaPhuong 4,863]

thanks for your remarks,

I would love to do it the right way , (like I always did I've been living here since 99 never overstayed ) but why is everything so difficult for LEGAL people here ?!

It is just so frustrating when you see Millions of illegals even protesting ! running around here, there should be a little break for people like us since they charge the living hell out of us as well with all them fees.

I could let everything go over the American Embassy in Germany but that delays everything even more, even though I have all summer to do it. Just want my boy to continue his school and all since he has never been in any other school system .

It is so damn unfair that immigration system here .

There should be a movement from all immigrants ( legal ) to change that !

God bless America; the land of the free ? !

You have no idea how easy you've got it. If you had been from a third world country then you wouldn't have been here since 1999, there would be no VWP for you or your son to visit without a visa, and a tourist visa would be practically impossible to get. The fact that you can come here as a non-immigrant and then adjust status and become an immigrant means you already have a substantial advantage over 80% of the world's population. You complain about the delays and expense involved in the immigrant visa process, yet that's the only option available to most people in the world.

BTW, the fees are high because family based immigration is paid for entirely by the families. As a taxpayer, I greatly appreciate this. I paid all of the fees to bring my family to the US, but I'm not obligated as a taxpayer to help pay for anyone else. I think this is fair.

I'd be happy to join a movement to change immigration law. First, laws against illegal entry and unlawful presence would be strictly enforced, and all law enforcement agencies would be required to assist. Second, I'd levy a fine against any company that hires someone who is not authorized to work an amount equal to five years of that person's wages. Third, I'd make LPR's ineligible for any means tested benefits, and do away with the affidavit of support. Fourth, I'd extend the period for conditional permanent resident status to ten years. Fifth, I'd eliminate the immigration benefit for VAWA claims. These measures should dramatically cut down on immigration fraud, and cutting fraud will streamline the process for the rest of us.