Child u21 in the US- Applying for I-130

[chuckusa777 0]

I'm on a Green Card. In the Middle of last year my son, age 15 at the time, came to reside with me. He came out on a Visitors Visa, I filed a i-130 once i had all my paperwork, in Mid January this year. Besides them taking my money and confirm receipt of my paperwork Ive not heard anything back.

My Son's i-94 entry date has now passed and i do not know what to do. I've checked every site for information as to what to do, and do not find anything that addresses filing for dependants that are within the US. And how to extend their stay while waiting for the Application process.

I could not file a I-94 extension, because one of the reasons given was, you cannot file if the person intended staying in the US permanently.

Cannot file V visa because you have to be over 3 years waiting for the application.

K visa are for Citizens filing for dependants or Family.

I cannot do change of Status because technically you cannot change status from Visitors visa which is what hes on, to any other visa unless your application has been approved.

I cannot file for travel documents for him because there is a warning on the Immigration web page, that even if you have a travel document and you over your stay when you left, the Travel document cannot guarantee you entry (in bold on the Gov. Travel doc information section)

I did a e-query and went for an interview at my local Immigration office but no one could help me, all they could tell me is the status of my application, which is what I could see online. This was not the same immigration office that I did my Green card application, its some kind of official Immigration office for queries.

Has anyone had an issue similar to this?

I Forgot to add- His Mother is putting pressure on me to send him home to visit. That's why this is an issue.We put off a Summer visit beacuse of this and now we coming up to December Holidays.

Edited September 24, 2012 by chuckusa777

[aaron2020 11,651]

I'm on a Green Card. In the Middle of last year my son, age 15 at the time, came to reside with me. He came out on a Visitors Visa, I filed a i-130 once i had all my paperwork, in Mid January this year. Besides them taking my money and confirm receipt of my paperwork I’ve not heard anything back.

My Son's i-94 entry date has now passed and i do not know what to do. I've checked every site for information as to what to do, and do not find anything that addresses filing for dependants that are within the US. And how to extend their stay while waiting for the Application process.

I could not file a I-94 extension, because one of the reasons given was, you cannot file if the person intended staying in the US permanently.

Cannot file V visa because you have to be over 3 years waiting for the application.

K visa are for Citizens filing for dependants or Family.

I cannot do change of Status because technically you cannot change status from “Visitors visa” which is what he’s on, to any other visa unless your application has been approved.

I cannot file for travel documents for him because there is a warning on the Immigration web page, that even if you have a travel document and you over your stay when you left, the Travel document cannot guarantee you entry (in bold on the Gov. Travel doc information section)

I did a e-query and went for an interview at my local “Immigration” office but no one could help me, all they could tell me is the status of my application, which is what I could see online. This was not the same immigration office that I did my Green card application, its some kind of official Immigration office for queries.

Has anyone had an issue similar to this?

I Forgot to add- His Mother is putting pressure on me to send him home to visit. That's why this is an issue.We put off a Summer visit beacuse of this and now we coming up to December Holidays.

Unfortunately, your lack of understanding about immigration laws has resulted in your son living in the US illegally.

It takes 3 years for an LPR (green card holder) to petition for an unmarried son under the age of 21. During the wait, the beneficiary does not have a right to be in the US from the petition filed by the LPR parent (unless the beneficiary has another legal way to stay in the US).

Since your son's I-94 has expired, he is living in the US illegally. He has no other way to be legal in the US. The I-130 you filed for him does not give him the right to wait and live in the US at this time.

Fortunately, your son is under age 18 when his illegal presence in the US is not held against him. As long as he leaves by the time he is 18.5 years old, then he can immigrate to the US under the petition you filed.

If he leaves the US, he is unlikely to get another visitor visa because he violated the condition of the visitor visa he just used.

Do the right thing - send your son back home to wait his turn. Otherwise, you are creating legal problems that will affect his ability to get a green card because he is now living in the US illegally.

Edited September 24, 2012 by aaron2020