Can he adjust status

[newacct 688]

Correct. Overstay is only forgiven for adjustment applicants who are immediate relative of US citizens, not LPRs. How soon can his father naturalize?

But he is older than 21. So he will never be an immediate relative, regardless of whether his father naturalizes, right?

[Hypnos 6,576]

With him being 23 then this path is closed to him and he will never be able to adjust status in the US based upon his father's petition, even if the father were to naturalise.

When his priority date becomes current, he would need to depart the US and interview at a foreign US post abroad for an immigrant visa. At that point his overstay bar will kick in, rendering him inadmissible, and he would then need to submit an I-601 waiver demonstrating why it would be a hardship to his LPR father for the son not to be admitted to the US.

He cannot use the new I-601A provisions to apply for a waiver from within the US since these only apply to immediate relative petitions, which this would not be.

Provided he is not from the Philippines or Mexico then currently the wait time for F2B preference (adult son or daughter of an LPR) is around eight years. If the father were to naturalise then he could upgrade his petition to an F1 (adult son or daughter of a US citizen) which would shave a year off the waiting time (to seven years), again if he was not from the Philippines or Mexico.

Edited March 14, 2013 by Hypnos

[hmh33 117]

How long has he overstayed for? If less than 6 months, and maybe if less than 12 months, he should leave now to avoid incurring the bar.

[Harsh_77 718]

He cannot adjust in US, I am not sure how other posters said he can, there is no path for him to adjust based on his father's petition.

He needs to return back to his home country.

[Harpa Timsah 13,258]

Yes, just to be clear since the thread got off to a bad start. He cannot adjust status. His overstay makes him ineligible to adjust status as the child of a LPR, or a child over 18 of a USC (in the future). His path is dead in the water. He should not have overstayed. Game over.

Parents don't work for hardship waivers.

Edited March 14, 2013 by Harpa Timsah

[Hypnos 6,576]

I believe you can file an I-601 waiver with the qualifying relative being a parent:

http://www.avvo.com/...hardship-waiver

http://www.lyttlelaw...ey-1748067.html

http://geygan.net/i-601-waiver-of-inadmissibility/

although I doubt it would be easy to do so.

Edited March 14, 2013 by Hypnos

[Brother Hesekiel 2,236]

I believe you can file an I-601 waiver with the qualifying relative being a parent:

http://www.avvo.com/...hardship-waiver

http://www.lyttlelaw...ey-1748067.html

http://geygan.net/i-601-waiver-of-inadmissibility/

although I doubt it would be easy to do so.

It's fairly easy to do so. But short of a material fact we are not aware of, he won't get it.

It's really that simple.

[Harpa Timsah 13,258]

I think I mixed it up with kids. Kids (adult kids) don't count for hardship waivers... Someone doesn't count, anyway.

Anyway, I agree it won't happen.

[apple21 953]

He is 23 year old,not married,and he got visitor visa and overstayed

He cannot adjust status based on his F2B (Unmarried Son/Daughter over 21 of LPR) petition. Even if dad naturalized, he doesn't qualify for the waiver as he is already an adult (he's not an immediate relative anymore).

He can only adjust status in the US if he has a USC wife.

Otherwise, he would have to go back to his home country and wait for his priority date to become current. His overstay in the US will cause issues depending on how long he overstayed.

[Boiler 45,467]

He cannot adjust status based on his F2B (Unmarried Son/Daughter over 21 of LPR) petition. Even if dad naturalized, he doesn't qualify for the waiver as he is already an adult (he's not an immediate relative anymore).

He can only adjust status in the US if he has a USC wife.

Otherwise, he would have to go back to his home country and wait for his priority date to become current. His overstay in the US will cause issues depending on how long he overstayed.

I have had posts deleted for mentioning Muscle wife. Lets see what happens.

[sony2001 7]

Thanks to all your help guys,looks like he must marry his girlfriend who's dating for almost 3 years,because he overstayed more than a year,and he would trigger a 10 year bar if he return in home country,hid dad just got a LPR

[Cathi 5,747]

Thanks to all your help guys,looks like he must marry his girlfriend who's dating for almost 3 years,because he overstayed more than a year,and he would trigger a 10 year bar if he return in home country,hid dad just got a LPR

marrying just to gain immigration benefits and remain in the country is not advised, If he tries this and is denied there is a lifetime ban with no chance of appeal.

Edited March 15, 2013 by mimolicious

[Harpa Timsah 13,258]

If he gets married just for a GC he'll be deported and banned for life.

Horrible advice.

Edited March 15, 2013 by Kathryn41
to remove quote violating TOS

[Ikki 4]

If he gets married just for a GC he'll be deported and banned for life.

Horrible advice.

He should only get married if he loves the girl and there's a real relationship in which case the marriage will be in good faith. Thus, he can get a gc because he can prove he has a real relationship. If he does it just to get a gc, he'd be committing fraud and will face the consequences if caught.

[Kathryn41 3,205]

One post advocating Immigration Fraud has been removed and one post quoting same has been edited to remove the quote. It is a violation of the terms of service for Visa Journey to advise or encourage anyone to commit immigration fraud.

For clarification purposes, listing a legal option in a generic manner is not the same as advising someone to take a specific course of action and such a post may not cross over the lines of a TOS violation. Recommending or suggesting someone pursues a specific fraudulent action is a TOS violation and will be treated as such.

Any further discussion of illegal immigration activities or recommendations will cause this thread to be closed and removed.

Edited March 15, 2013 by Kathryn41