If it's possible to AOS for stepchild with ESTA ?

[ycujudie 0]

Hi, my husband is USC and I am currently 2 years green card holder, so I'd like to know if my husband can apply AOS for his stepson (my son) while he is in the US.

1. My son is 5 years old.

2. My son enter the US with ESTA.

3. He is illegitimate (which means his birth father's name is never on any paper work- birth certificate...etc)

 

 

* We should've apply together while I was doing mine, but at the moment my parents wanted stay with him longer so we didn't do it, but now things changed so.

 

Thank you

[SusieQQQ 11,586]

You may not enter on ESTA with the intent to adjust. A 5-year old with no recorded natural father, a LPR mother and a USC stepfather will set off a million alarm bells on entry and whoever is accompanying him is almost certain to be questioned about the reason for entry. Can’t see this working.

[WeGuyGal 1,052]

The son cannot enter the US on an ESTA (or a B2 visa) with the intend to AOS. After being petitioned he should go for consular processing in his home country. 

 

PS this thread ought to serve as an example to those NIV applicants who believe young kids are ties to home. 

[JFH 12,190]

Why did your parents get to choose where your son lived after you got your visa? Are they the legal guardians of your son ? If so, you could have a problem. It just seems odd that the grandparents decided his future and you left him with them and didn't overrule them. Did you relinquish legal custody? 

 

Where re is the child now? If he's in the USA he can adjust his status (assuming there are no custody issues) but if not you must complete the IR-2 process for him. 

[Jaquelly 1,647]

23 minutes ago, samiam5211 said:

The child will not have committed willful fraud or misrepresentation.  Nothing the child will have done would make him susceptible to the ground of inadmissibility.  USCIS wouldn't be able to articulate a ground for denial.

 

You are arguing with someone that has been on VJ for a very long time and only gives good, helpful and honest information to those who seek it.

 

We do NOT give advice for people to lie about their intent. We do NOT condone immigration fraud. Knowing that you plan to AOS on an ESTA, regardless of age, is inappropriate and condoning it is treading a fine line with the TOS of this website.

[samiam5211 4]

1 minute ago, Jaquelly said:

 

You are arguing with someone that has been on VJ for a very long time and only gives good, helpful and honest information to those who seek it.

 

We do NOT give advice for people to lie about their intent. We do NOT condone immigration fraud. Knowing that you plan to AOS on an ESTA, regardless of age, is inappropriate and condoning it is treading a fine line with the TOS of this website.

I wasn't condoning anything, I am just explaining the way the law is applied.

[Boiler 45,524]

Just because you do not marry Father still has rights, do you his approval for the child to immigrate?

[SusieQQQ 11,586]

28 minutes ago, Boiler said:

Just because you do not marry Father still has rights, do you his approval for the child to immigrate?

Normally the father’s name would need to be on the birth certificate or recorded elsewhere as the father, doesn’t sound like this has happened.

 

1 hour ago, samiam5211 said:

The child will not have committed willful fraud or misrepresentation.  Nothing the child will have done would make him susceptible to the ground of inadmissibility.  USCIS wouldn't be able to articulate a ground for denial.

 Child is unlikely to be going through CBP on his own. An adult making a willful misrepresentation in response to all the alarm bells that will be set off will most certainly have a case to answer, even if they don’t go after the child.  I’m not sure how dumb exactly a CBP officer would have to be to stamp with no questions a child coming in supposedly on an ESTA for a visit with LPR mother, usc stepfather and no other recorded parents. Certainly would have to be way less on the ball than any CBP officer I’ve ever met.

if the child is already in the country somehow would love feedback on what the conversations at the border entailed.

Edited March 28, 2018 by SusieQQQ

[ycujudie 0]

Thanks for everyone's advice, I understand ESTA can't intent to AOS, I just wanted to make sure I wasn't wrong about it, cuz one of my family member told me my mom can take him the US and we apply for immigrate here, but seems like it's not a good way to do it, since I don't want to cause any other problem.

And

1. I didn't relinquish legal custody of my son, is just he live with my parents. 

2. The birth father had give up on the right for my son that's why the father's name wasn't on the birth certificate (that's why I said my son is illegitimate)

 

I'd like to know if there's anyone had the same experience about this that can share some of your opinion, which way I can let my son come to stay with me faster?

 

 

[Ontarkie 14,226]

~~Post breaching the TOS has been removed along with those quoting. Giving alternative advice that does not apply to a situations is the same as giving advice to do just that.~~

[Boiler 45,524]

Basically your husband petition him as the step son of a USC, seems to be taking about 14 months.