Need Advice please

[Leylahope 0]

Good day to you,

I am a permanent resident and I would like to know if I can file for my son who is here with me.

Me and my husband have been married for several years but recently separated (not legally) due to drug use and domestic violence.

My son Visa has expired as my husband had promised to file his paperwork several times, but did not.

Can I file his paperwork ? Due to his Visa expired would this affect me filing for him. Please assist me as I would like to do the right thing due to financial constraints it is a bit hard to get a lawyer at this time.

He is 18 years old

Edited April 8, 2018 by Leylahope

[Going through 5,671]

20 minutes ago, Leylahope said:

Good day to you,

I am a permanent resident and I would like to know if I can file for my son who is here with me.

Me and my husband have been married for several years but recently separated (not legally) due to drug use and domestic violence.

My son Visa has expired as my husband had promised to file his paperwork several times, but did not.

Can I file his paperwork ? Due to his Visa expired would this affect me filing for him. Please assist me as I would like to do the right thing due to financial constraints it is a bit hard to get a lawyer at this time.

He is 18 years old

What type of visa does your son have?

How long ago did it expire? (how long has your son overstayed his visa in the US?)

[aleful 1,905]

you can file but your son needs to leave

 

he isn't qualified to adjust status in the US

 

the process  will take 2 years

 

 

[Boiler 45,585]

Agree no immediate visa number available, file asap so he does not age out.

 

Exactly how old is he and how long has he been out of status.

[Leylahope 0]

12 hours ago, Boiler said:

Agree no immediate visa number available, file asap so he does not age out.

 

Exactly how old is he and how long has he been out of status.

He is 18

He has been out of status for 5 months we both had Court cases involving my husband that ended two months ago

[Tenreyro 174]

7 hours ago, Leylahope said:

He is 18

He has been out of status for 5 months we both had Court cases involving my husband that ended two months ago

I'm sorry to hear about your situation, I hope it gets resolved soon, and in the best manner.

 

If your son too has been victim of the domestic violence, he might be able to start a different process, depending also on other circumstances. It would be I-360 for battered spouses or child, but I would suggest to look more about it before proceed due to your son's immigration status.

 

Remember the National Domestic Violence Hotline can help you with information, crisis intervention, and referrals to local service providers, including legal assistance organizations, you can call at 1-800-799-7233.

Edited April 9, 2018 by Tenreyro

[Leylahope 0]

6 hours ago, Tenreyro said:

I'm sorry to hear about your situation, I hope it gets resolved soon, and in the best manner.

 

If your son too has been victim of the domestic violence, he might be able to start a different process, depending also on other circumstances. It would be I-360 for battered spouses or child, but I would suggest to look more about it before proceed due to your son's immigration status.

 

Remember the National Domestic Violence Hotline can help you with information, crisis intervention, and referrals to local service providers, including legal assistance organizations, you can call at 1-800-799-7233.

Thank you so much for this advice I also thank the other members who commented yes my son saved my life.  

I will call to see how I proceed it was never my intention for him to overstay his Visa but due to circumstances 

Thanks again for your help:)

[Tenreyro 174]

40 minutes ago, Leylahope said:

Thank you so much for this advice I also thank the other members who commented yes my son saved my life.  

I will call to see how I proceed it was never my intention for him to overstay his Visa but due to circumstances 

Thanks again for your help:)

Also find out more about the U visa, that might be an option in your case, for your son.

[CEE53147 559]

He is rapidly approaching the deadline for no ban for illegal presence since he is 18 plus 5 months. See an attorney immediately. He may need to leave for the 2 or so years until he can receive a GC based on you filing - and he must remain single..