I-130 was asked wrongly?

[Villanelle 4,122]

23 minutes ago, Lenatony said:

 

Thanks JOjo and NigeriaorBust for your kind comments. Yes, he entered with F2 Visa, I was the F1. But I understood once I started applying GC, his F2 was invalid,  but as a minor child under 21 years old , he is supposed to follow his parents. Is this right? The fact is, he did not do anything wrong, why could suffer 10 years ban? is this fair for him? Do I have any chance to overcome the ban? I divorced with his father when he was little, I brought him here, he always follows my status, then now when he is in college, but I will be forced to give him up by the immigration law? If this is really going to happen, feel very guilty to him!

 

I am so sorry for what you are going through!  

 

You seem to understand what happened, but just dont want to accept it... Basically if you were the F1 and he was your F2 then yes, he is dependent on you- meaning his status is tied to yours. When you married and chose to file for AOS you lost your F status--- so he did also. Due to his age and when you married- he was not eligible to be included. You can almost say it was time to cut the strings. He needed to apply for his own status if he wanted to remain in the US while you petitioned him as an LPR or later on a citizen. He shouldve applied for a change from F2 to his own F1. Since you changed status and he didnt and hes been here- hes going to have a ban. 

 

Its a sad situation. But ultimately it was your responsibility (since his status was tied to yours) to ensure that when you changed he would still be OK.

[Lenatony 1]

Thanks Damara, everything you said is reasonable, I made mistake for his status, however he would be the one suffers, this is really hurt! Will see a lawyer tomorrow to seek any possible solutions, thanks for everyone, good luck!

[Jojo92122 1,924]

1 hour ago, Lenatony said:

 

Thanks JOjo and NigeriaorBust for your kind comments. Yes, he entered with F2 Visa, I was the F1. But I understood once I started applying GC, his F2 was invalid,  but as a minor child under 21 years old , he is supposed to follow his parents. Is this right? The fact is, he did not do anything wrong, why could suffer 10 years ban? is this fair for him? Do I have any chance to overcome the ban? I divorced with his father when he was little, I brought him here, he always follows my status, then now when he is in college, but I will be forced to give him up by the immigration law? If this is really going to happen, feel very guilty to him!

He is not a minor.  He was over 18 when you married.  There is no "suppose to follow his parents" for him.  You are wrong.

 

The fact is that he did do something wrong.  He applied for AOS when he did not qualify.  As an ADULT over the age of 18, he improperly applied for AOS when he did not qualify.  He stayed illegally in the US for over a year.  That is why he is subject to a 10 years ban.

 

There is no chance to overcome the ban if he leaves.  There is no way for him to get a green card through you or your husband as long as he is living in the US illegally.

 

You and your husband made a serious mistake.  You did not understand the immigration laws and applied for AOS for your son when he was not qualified.

 

Sorry, but there is nothing to do to help your son.  He has two choices, to continue to live in the US illegally or to go home and wait for his 10 years ban to be over.

Edited April 4, 2017 by Jojo92122

[MiaTher 73]

Well you can't just tell her that she's wrong for wanting her child to follow her, Jojo92122. That's how her culture may be, we don't know, and we can't judge her for that. Yes her son is an adult but in many cultures/countries the definition of "adult" varies.  Let's just be polite to this lady who's simply asking questions and try to answer without being so harsh.  I'm sure most of us would've done what she's doing if we had been in the same situation. 

 

Lenatony, I'm sorry that your son is now in this situation, but everyone is correct in that there isn't much you can do at this point.  By all means talk to a lawyer, but be prepared for what they will tell you.  

All the best to you. 

[geowrian 22,337]

3 hours ago, Lenatony said:

Yes, he entered with F2 Visa, I was the F1. But I understood once I started applying GC, his F2 was invalid,  but as a minor child under 21 years old , he is supposed to follow his parents. Is this right? The fact is, he did not do anything wrong, why could suffer 10 years ban? is this fair for him? Do I have any chance to overcome the ban?

Minor is under 18. Since he was not a minor when you married, he was ineligible for AOS. I know it's hard to accept, but legally he is an adult and that's why it falls on his shoulders. The ban is for living in the US without status for over 1 year. Fair? Probably not, but it is the law.

 

Yes, a ban can (usually) be overcome via a hardship waiver. Not his hardship....it has to be a hardship to the LPR or USC. Unfortunately, proving a hardship of not being with an adult son is pretty unlikely. Not impossible, and I hope your lawyer considers this, but I'm just being realistic that it's unlikely.

 

3 hours ago, Lenatony said:

As a mother, I can not abandon him, never!

Nobody would expect you to abandon your son. But the reality is that he's in the US illegally and without a legal course to to remain here, so it would not hurt to look at all the available options and then determine what's best for your entire family.

 

I also support discussing this with an experienced immigration attorney. They are may have some low-chance options and/or can delay the process. But try to prepare yourself for whatever answer.

Edited April 4, 2017 by geowrian

[Lenatony 1]

Mia Ther, you are being so nice to me and my family, thank you so much! I saw you have a very good luck for getting your GC, congratulations!

 

[Lenatony 1]

Sorry I am new here, do not even know how to follow other people's posts, sorry about this. But thanks for all the people care about my situation and gave me advice, suggestions, kind words, encourages, thanks! on behalf of my family!

I will seek a immigration lawyer's help tomorrow.