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Boiler Grand Master

Boiler   46,141

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Filed: K-1 Visa Country: Wales
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As long as he applies and gets DACA to avoid any ban from overstaying.

“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.”

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Hypnos
Hypnos

Ages of children only "lock-in" under CPSA once you naturalise: http://www.uscis.gov...000082ca60aRCRD However, CSPA does allow you to subtract the time that the I-130 was pending, once a visa number

JimVaPhuong
JimVaPhuong

No. The rules are different for family preference and immediate relative cases. For family preference cases they wait until the priority date is current, and then they deduct the processing time from

renny745
renny745

but the deferred action can be renewed.

aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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So can I send in the I-130 an let him wait here,,then when the priority date is current ,he goes back and applies for a visa?

No.

His illegal presence will trigger a 10 years ban by the time his PD becomes current.

His visa application will be denied.

When you become a US citizen, you can file for a hardship waiver on his behalf.

Please understand (because EVERYONE is telling you the same thing), there is NO WAY for your so. To remain illegal in the US and get a green card without it being complexed.

People don't get it easy when they break the rules. Having your son live illegally in the US is breaking the rules, so you are not going to have an easy time getting him a green card. Not being mean; it's just the reality of the situation that you created.

There is a legal way for your sin to immigrate to the US. You are choosing a dangerous and illegal way. Prepare yourself for the heartaches of separation when his visa is not approved because he lived illegally in the US.

Boiler Grand Master

Boiler   46,141

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Filed: K-1 Visa Country: Wales
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Posted

DACA will stop him accruing illegal presence.

“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.”

aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted

As long as he applies and gets DACA to avoid any ban from overstaying.

As long as he gets DACA, he does not accumulate any days of unlawful presence. If he does not get DACA, then he will be accumulating unlawful presence.

DACA has been brought up in this thread without anyone questioning if the son would qualify. The OP has not provided any information on whether the son would even qualify for DACA.

One of the key requirements is continuous residence since June 15, 2007. If the son was not living in the US before that date, he will not qualify for DACA.

To the OP - does your son qualify for DACA? Here are the requirements; http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD#guidelines

 
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