Help me help my friend?

[Amenspanglish 5]

I have a friend in a complicated situation and I really want to help, but I don't have expert knowledge like you guys do! . Can you help?

She is engaged to a guy from Venezuela who is here legally on a work visa, but his visa will expire this year (I think). If not this year, still very soon.

His ex-wife and two children are also in the US, living in a different state. But they are all here on HIS work visa.

My friend's concern is for his 17-year-old son, who turns 18 soon.

My questions are, will the son have to go back to Venezuela when he turns 18? Will his family have to go back to Venezuela when his work visa expires and he adjusts status through my friend?

Should he try to adjust status to family visa or should he try to keep the work visa?

Which lawyer do you recommend or will they need a lawyer?

Any help will be greatly appreciated!

[AnotherLostSoul 167]

I have a friend in a complicated situation and I really want to help, but I don't have expert knowledge like you guys do! . Can you help?

She is engaged to a guy from Venezuela who is here legally on a work visa, but his visa will expire this year (I think). If not this year, still very soon.

His ex-wife and two children are also in the US, living in a different state. But they are all here on HIS work visa.

My friend's concern is for his 17-year-old son, who turns 18 soon.

My questions are, will the son have to go back to Venezuela when he turns 18? Will his family have to go back to Venezuela when his work visa expires and he adjusts status through my friend?

Should he try to adjust status to family visa or should he try to keep the work visa?

Which lawyer do you recommend or will they need a lawyer?

Any help will be greatly appreciated!

For visa purposes you are a "kid" until the age of 21. That is, whatever visa he has, the son can be under it as a dependent until he reaches age 21, so no, he will not have to go back to Venezuela because of turning 18.

Good luck!

[ceadsearc 516]

If they marry prior to his 18th birthday she can petition the son as a step-child. Otherwise yes, he will have to leave unless he has another legal way to stay. There are no deriviate visas in the immediate relative category.

[kzielu 1,149]

Btw - if his ex-wife is really an ex, then she is here illegally.

[Amenspanglish 5]

Thanks guys. I'll pass this on, I'd love to hear more opinions though!

[JimVaPhuong 4,863]

I have a friend in a complicated situation and I really want to help, but I don't have expert knowledge like you guys do! . Can you help?

She is engaged to a guy from Venezuela who is here legally on a work visa, but his visa will expire this year (I think). If not this year, still very soon.

His ex-wife and two children are also in the US, living in a different state. But they are all here on HIS work visa.

My friend's concern is for his 17-year-old son, who turns 18 soon.

My questions are, will the son have to go back to Venezuela when he turns 18? Will his family have to go back to Venezuela when his work visa expires and he adjusts status through my friend?

Should he try to adjust status to family visa or should he try to keep the work visa?

Which lawyer do you recommend or will they need a lawyer?

Any help will be greatly appreciated!

What sort of work visa does he have?

Generally, visas for dependent children are valid as long as the primary visa holder's visa, or until the child is 21. If your friend marries her fiance and submits an I-130 and I-485 to get him a green card then his son's visa will be canceled. If she marries him before his son is 18 then she can also submit an I-130 and I-485 for his son, since she'll be his step-mother under immigration law. If she marries her fiance after his son is 18 then she can't submit a petition for his son. That puts his son in a difficult position. His dad could file an I-130 for his son after he gets his green card, but he can't file an I-485 to adjust his son's status because there won't be a visa number available for at least two years. His son can't wait around in the US until a visa number is available because he'll be out of status, and only immediate relatives of US citizens can adjust status when they're out of status.

[Amenspanglish 5]

What sort of work visa does he have?

Generally, visas for dependent children are valid as long as the primary visa holder's visa, or until the child is 21. If your friend marries her fiance and submits an I-130 and I-485 to get him a green card then his son's visa will be canceled. If she marries him before his son is 18 then she can also submit an I-130 and I-485 for his son, since she'll be his step-mother under immigration law. If she marries her fiance after his son is 18 then she can't submit a petition for his son. That puts his son in a difficult position. His dad could file an I-130 for his son after he gets his green card, but he can't file an I-485 to adjust his son's status because there won't be a visa number available for at least two years. His son can't wait around in the US until a visa number is available because he'll be out of status, and only immediate relatives of US citizens can adjust status when they're out of status.

This is the most understandable answer so far, so thank you very much!

Thanks to everyone. I hope to continue to hear more opinions!