Could me and my husband still sponsor my stepson- Immigration.?

[Gary and Alla 3,694]

Gary even if they file now, son's finger prints will show up in FBI database. They will receive a RFE for final court papers. So it makes no sense to hold up the husbands AOS.

Please make sure son did not make any indication that he is a USC,

Right, no argument here. I was only trying to sort out the immigration aspect as I did not understand her question or the relationship.

So yes, they have to resolve the criminal issue and then file and YES she can file for her step son.

[Darnell 8,479]

where is husband, today? what country?

I'm sorry, I'm really confused because you posted in the K-1 visa forum.

[Concerned Parent 0]

Agreed Again. Chances for the boy are very slim.

This really broke my heart... We can't lose him. Where would he go, he doesn't even remember his home country or know anyone there. The reason why the DA wants him to testify against the others was because he was the only one that talked. He and his friend were the only ones arrested and told the cops were to go find the other adults. Who decided to not say one word to the cops. Many times have they approached my step son to tell him not to testify and to take the blame but taking the blame will be like signing for deportation. He did not plan to do this and even his friend told the cops that he had nothing to do with this but they didn't buy it.

where is husband, today? what country?

I'm sorry, I'm really confused because you posted in the K-1 visa forum.

All of us are in the US. Sorry I am just shaken up by this that didn't even notice where I posted.

[Darnell 8,479]

ok - what visa did the father use to come into the country ?

[Concerned Parent 0]

ok - what visa did the father use to come into the country ?

They both came with tourist visas.

[Darnell 8,479]

so he's been out of status for some time, the husband.

I dunno - if the DA has a buddy with ICE, things are gonna get messy, soonish.

The fact that yer son is out on bail, yer very lucky.

you should get an attorney to help with any negotiations the DA will want to make with your son, soonish, but...

Your son has a magical time coming up, where ONCE he's 18? He's not gonna be able to legally adjust status in the USA.

If I were in yer shoes, I'd file the AOS paperwork on Monday morning, then wait for any RFE about the court case.

[Tim/Mav 305]

OP Please try and get some rest tonight. I know the odds and ends to your question may seem cruel but no one intended it to seem that way.

A few things to think about is all and get rest. Tomarrow is another day and be ready for it. All of us wish you Best.

[Concerned Parent 0]

Sorry guys, he was actually 16 years old when he commited this (November). He just turned 17 on december. The fact that he was a minor when all of this occurred help him at all? or no? Do think this might have been the reason why the DA wasn't contacted?

[Darnell 8,479]

from a USCIS standpoint -

it matters if he was arrested.

it matters if he was charged.

it matters more if he was found guilty of a crime in a court, then sentenced.

IMO, if the DA drops the charges against him, USCIS MIGHT let him squeak through. Otherwise? if he was found guilty of a crime - I'm totally unsure if he'd even be allowed to successfully complete an AOS case.

but - this is a hard topic you bring - not so many folksen here (myself included) at VJ have enough experience to be useful to you and yer plight. Mostly, VJ members have EASY things - file paperwork and wait. Not so much worries on criminal charges and outcomes of court cases.

I strongly suggest you hit up http://immigrate2us.net/

and study all, there. That site specializes in HARD cases (you're one of those) and there's lots of stuff there you can read that covers a similar situation to yours.

Good Luck !

[Tim/Mav 305]

Sorry guys, he was actually 16 years old when he commited this (November). He just turned 17 on december. The fact that he was a minor when all of this occurred help him at all? or no? Do think this might have been the reason why the DA wasn't contacted?

Your very first post indicates the District Attorneys involvement and this contradicts that post. This is not a Wal-Mart application for employment.

[Kathryn41 3,205]

Topic has been moved from the K-1 visa forum to the AOS from Work, Student & Tourist Visa forum as topic concerns the adjustment of status from a visitor visa entry

[forgivennt4saken 16]

Okay everyone I am sort of lost. Can someone please explain to me how it is a 6 y/o can come to the US legally and remain there until now legally?

[LIFE'SJOURNEY 970]

so he's been out of status for some time, the husband.

I dunno - if the DA has a buddy with ICE, things are gonna get messy, soonish.

The fact that yer son is out on bail, yer very lucky.

you should get an attorney to help with any negotiations the DA will want to make with your son, soonish, but...

Your son has a magical time coming up, where ONCE he's 18? He's not gonna be able to legally adjust status in the USA.

If I were in yer shoes, I'd file the AOS paperwork on Monday morning, then wait for any RFE about the court case.

A court case could take up to a year to be resolved, a RFE must be responsed to within 90 days, why take the risk and lose out on their money.

[LIFE'SJOURNEY 970]

Okay everyone I am sort of lost. Can someone please explain to me how it is a 6 y/o can come to the US legally and remain there until now legally?

Simple, father and son came over on some type of visa, a vistor or work visa. Never left to go home, happens ALL the time.

[kzielu 1,149]

Simple, father and son came over on some type of visa, a vistor or work visa. Never left to go home, happens ALL the time.

The key in the question (I believe) was word "legally" - it wasn't necessarily legal (father did not have legal status for sure) and while the son/stepson wasn't legal he does not accumulate illegal presence until 18 years old.

Edited February 27, 2012 by kzielu