Jump to content
renny745
 Share

52 posts in this topic

Recommended Posts

Boiler Grand Master

Boiler   46,141

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Quite a few have. Nothing wrong with that.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

  • Replies 51
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

aaron2020
aaron2020

There is a perfectly good and legal way for your son to immigrate and live in the US; send him home to wait for an immigration visa. You don't seem to consider this to be a viable option as you would

Boiler
Boiler

He will start accruing illegal presence at the age of 18. A ban after 6 months. He can not adjust in country as he is not classified as an immediate relative.

aaron2020
aaron2020

The lawyer is either wrong or you misunderstood because when an LPR files for an unmarried son under age 21, HIS AGE DOES NOT GET LOCKED IN. Read about CSPA. Locking age in at time of filing the I

belinda63 Experienced

belinda63   3,047

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

You can file the I-130 anytime you want. The problem will arise when a visa number becomes available which will be in 2-3 years. As a green card holder there is no forgiveness for an overstay by an immediate relative you have petitioned for. The child could adjust status within the U.S. when a visa number becomes available for his category only if he is in status in the U.S. If he is out-of-status i.e., an expired visa he has to interview in another country where he is residing. If, during the wait for a visa number, he reaches the age of 18+6 months out of status inside the U.S. he will receive a 3 year ban from entering the U.S. As a green card holder you are not eligible to file a waiver for the ban for his overstay.

Thus the child needs to either obtain and keep legal status in the U.S. or leave the country prior to reaching 18 years plus six months.

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted (edited)

You can file the I13 at any time, while you son is in the US , in his home country or on a boat between the two. The thing that will not happen is your son will NOT interview in the US as long as you are a permanent resident and he doesn't have legal status. If he earns a ban for not having status in the US he must serve that ban before they will give him a visa.

Edited by NigeriaorBust

This will not be over quickly. You will not enjoy this.

Boiler Grand Master

Boiler   46,141

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

No waiver.

He could be deported antime.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

Correct... He will be Under 21

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Boiler Grand Master

Boiler   46,141

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)

He will be an immediate relative IF you naturalise before the age of 21.

Then his category would be 'upgraded'.

So can you naturalise before he is 21? I assume yes otherwise the Lawyer would not have mentioned it.

PS This is what I think happens.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted
I have spoken to a lawyer and they said i could file the i-130 now to lock in his age,and then when i become a citizen in five years, i can file for him.

You are a green card holder (permanent resident), right? Your son today is 16 years old. You can file i-130 (F2A - Permanent resident filing for unmarried child below 21 years old). Waiting time is 2-3 YEARS.

You don't Naturalize for the next 5 years, meaning if you do become a USC, your son would already be 21. The only petition you can file for him, by then, is F1.

If you file now as a green card holder, USCIS won't "lock in" your child's age. That sort of thing only happens if the petitioner is a USC.

Your best shot is the F2A category. You have to bring your son back to your home country while waiting for visa and embassy interview.

Good luck.

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

I have spoken to a lawyer and they said i could file the i-130 now to lock in his age,and then when i become a citizen in five years, i can file for him.

The lawyer is either wrong or you misunderstood because when an LPR files for an unmarried son under age 21, HIS AGE DOES NOT GET LOCKED IN.

Read about CSPA. Locking age in at time of filing the I-130 is ONLY for Immediate Relatives of US citizens. You are not a US citizen, so your son does not get to lock his age in when you file.

When you file as an LPR and subsequently get US citizenship. Your son's age would freeze on the day you get US citizenship. It does not freeze before that. There is NO WAY TO FREEZE HIS AGE BACK TO WHEN YOU FILED. It freezes on the day you become a US citizen.

Freezing his age also has nothing to do with him accumulating days of illegal presence. CSPA (even if it did froze his age - which it does not) does not excuse him accumulating days of illegal presence. If he accumulates more than 6 months of illegal presence after his 18th birthday, it doesn't matter if his age froze under 18. He is still illegally in the US. He will not be allowed to adjust.

Boiler Grand Master

Boiler   46,141

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I think the issue is wether he will be able to adjust as an immediate relative. In which case overstays are 'forgiven '.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...