I-130 question, please help

[miladjuckel 0]

mary has a greencard which she obtained through marriage to a US citizen and wants to file an I-130 for her 31 year old son (bob). Bob came to the USA in 1999 as a tourist (I-94) from germany and over stayed his welcome. He's been living in the states texas for almost 15 years now, and does not have a criminal background. Will the I-130 workout?
if not what other options would he have without having to leave the usa

-greencard lottery?

-marriage to greencard holder or US citizen?

thank u guys

[Hypnos 6,578]

The I-130 filed by Mary can be (and probably will) be approved, but Bob would then have to travel abroad for his visa interview at the relevant US post. Immediately upon departing the US, Bob will receive a 10 year bar under INA 212.

He will have his visa interview, be found inadmissible to the US (due to the overstay), and would be denied a visa. At that point he could file an I-601 seeking a waiver of his inadmissibility, but would need to show why it would be a hardship to his LPR parent (not to him) if he were not admitted to the US.

There is currently no way he can successfully adjust status and obtain a green card from within the US, due to his overstay. Only being able to adjust status through being an immediate relative of a US citizen would allow him to successfully do so.

Edited February 18, 2015 by Hypnos

[Boiler 46,143]

Did not know Bob was a name used in Germany.

Anyway she can certainly petition him, but he has an overstay and seemingly no qualifying relative to file a waiver.

Is he eligible for DACA?

Edited February 18, 2015 by Boiler

[Hypnos 6,578]

An LPR parent can be a qualifying relative on an I-601 for unlawful presence.

Edited February 18, 2015 by Hypnos

[miladjuckel 0]

The I-130 filed by Mary can be (and probably will) be approved, but Bob would then have to travel abroad for his visa interview at the relevant US post. Immediately upon departing the US, Bob will receive a 10 year bar under INA 212.

He will have his visa interview, be found inadmissible to the US (due to the overstay), and would be denied a visa. At that point he could file an I-601 seeking a waiver of his inadmissibility, but would need to show why it would be a hardship to his LPR parent (not to him) if he were not admitted to the US.

There is currently no way he can successfully adjust status and obtain a green card from within the US, due to his overstay. Only being able to adjust status through being an immediate relative of a US citizen would allow him to successfully do so.

[Boiler 46,143]

I worded that badly, meant immediate relative.

[miladjuckel 0]

The I-130 filed by Mary can be (and probably will) be approved, but Bob would then have to travel abroad for his visa interview at the relevant US post. Immediately upon departing the US, Bob will receive a 10 year bar under INA 212.

He will have his visa interview, be found inadmissible to the US (due to the overstay), and would be denied a visa. At that point he could file an I-601 seeking a waiver of his inadmissibility, but would need to show why it would be a hardship to his LPR parent (not to him) if he were not admitted to the US.

There is currently no way he can successfully adjust status and obtain a green card from within the US, due to his overstay. Only being able to adjust status through being an immediate relative of a US citizen would allow him to successfully do so.

Bob doesn't qualify for daca because he was 16 years and 3 months old when he came to the states.

Would bring the only son qualify as hardship?

What about marriage to a citizen or greencard lottery?

[Hypnos 6,578]

Being an only son would not qualify as a hardship; the hardship has to be for the LPR parent, not the intending immigrant.

Marriage to a US citizen would allow him to adjust, but obviously it needs to be a bona fide marriage, not one invented for the purposes of evading US immigration law and obtaining a green card through a fraudulent relationship.

The Diversity Visa lottery would not help him, due to the overstay. Only adjustment through being an immediate relative of a US citizen can help him obtain a green card without leaving the US. Immediate relative of a US citizen: (i) spouse of a US citizen, (ii) minor child (under 21) of a US citizen, (iii) parent of a US citizen (and the child is at least 21), (iv) widow/er of a US citizen (and the US citizen spouse died within the previous two years).

Edited February 18, 2015 by Hypnos

[miladjuckel 0]

Being an only son would not qualify as a hardship; the hardship has to be for the LPR parent, not the intending immigrant.

Marriage to a US citizen would allow him to adjust, but obviously it needs to be a bona fide marriage, not one invented for the purposes of evading US immigration law and obtaining a green card through a fraudulent relationship.

well to b honest there wouldn't b any hardship i could think of for mary, unless u could suggest a reasonable one.

so just to b clear, bob is screwed unless he finds somone that loves him and is willing to marry him for legitimate reasons?

thats the only way than?

not even the lottery?

[Hypnos 6,578]

Correct.