LPR Mother applying for out-of-status adult, single Son.

[HRQX 4,145]

4 hours ago, Waiting_4Ever said:

the applicant (the son) needs to face an immigration officer when he was entering the U.S. (Did not happen)

He did face a CBPO when he entered; he entered with a tourist visa.

4 hours ago, Waiting_4Ever said:

The only case the son needs to go back

It's because the INA 245(c) adjustment bars do apply to him: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

4 hours ago, Waiting_4Ever said:

did not face an immigration officer when entering the U.S. (I might be wrong on this)

There are exemptions to that. For example, both the 6th and 9th circuits have ruled that individuals who Entered Without Inspection and later received TPS are considered to have been "admitted" for purposes of AOS:

 

12 minutes ago, Visitor User said:

Can he apply for DACA now?

"If you have never before been granted deferred action under DACA, USCIS will not accept your initial DACA request." https://www.uscis.gov/humanitarian/deferred-action-childhood-arrivals-response-january-2018-preliminary-injunction

[SusieQQQ 11,587]

11 hours ago, Dreamer90 said:

26

Trump couldn’t have originally been a reason for not applying to DACA then.

[HRQX 4,145]

12 hours ago, Dreamer90 said:

26

It won't affect his F2B process, but did he register with the Selective Service before turning 26? https://www.sss.gov/Registration/Who-Must-Register/Chart

https://www.law.cornell.edu/uscode/text/50/3802

[nastra30 2,315]

6 hours ago, HRQX said:

It won't affect his F2B process, but did he register with the Selective Service before turning 26? https://www.sss.gov/Registration/Who-Must-Register/Chart

https://www.law.cornell.edu/uscode/text/50/3802

I don't think illegal immigrants can apply for SSS.

[SusieQQQ 11,587]

43 minutes ago, nastra30 said:

I don't think illegal immigrants can apply for SSS.

You think wrong. Clearly stated in the link in the post you responded to, and elsewhere, including this official link https://www.sss.gov/Portals/0/Resources/Immigration Attorneys/Fast Facts about Selective Service - for attorneys.docx :

 

Virtually all men living in the U.S., including non-citizens, are required to register with Selective Service when they turn 18 at sss.gov. This includes undocumented immigrants, legal permanent residents, those seeking asylum, and refugees.

Edited January 23, 2020 by SusieQQQ

[Sandra G. 5,057]

21 hours ago, Dreamer90 said:

Hey there community! My journey started in 2006 when my son, daughter and I migrated to the US with a tourist visa. looking for a better future. Long story short story. Along the way my daughter became USC. And she was able to apply for me. Her Mother and I became LPR. back in 2015 applied for my adult

, single son the i-130 In which it was approved 4 months later. Now 5 years later his Priority date became available. Due to his currently lack o status. I was advised that I’ll have to file a waiver for him. I-601 for the extreme hardship. And he will have to go for  A consular interview in our home country. He has been here for a along time. now he’s afraid of not coming back after leaving the U.S for the interview. He was a minor when I migrated here. So he barely speaks his native language. 
 

looking for a word o encouragement 

and similar cases. 
 

thank you guys so much 

got bless you all🙏🏼

He has to leave the Country to file the I-601, but if you become a U.S Citizen he can wait  here the decision of the I-601A (provisional waiver), and he will attend  the interview in his home Country after the waiver is approved here. The provisional waiver is not available for your adult son because you are just a green card holder.

[nastra30 2,315]

1 hour ago, SusieQQQ said:

You think wrong. Clearly stated in the link in the post you responded to, and elsewhere, including this official link https://www.sss.gov/Portals/0/Resources/Immigration Attorneys/Fast Facts about Selective Service - for attorneys.docx :

 

Virtually all men living in the U.S., including non-citizens, are required to register with Selective Service when they turn 18 at sss.gov. This includes undocumented immigrants, legal permanent residents, those seeking asylum, and refugees.

Stand corrected.

[geowrian 22,338]

50 minutes ago, sandranj said:

He has to leave the Country to file the I-601, but if you become a U.S Citizen he can wait  here the decision of the I-601A (provisional waiver), and he will attend  the interview in his home Country after the waiver is approved here. The provisional waiver is not available for your adult son because you are just a green card holder.

I-601A permits an LPR parent as a qualifying relative.

 

https://www.uscis.gov/system/files_force/files/form/i-601ainstr.pdf

Quote

You must show that you have a U.S. citizen or LPR spouse or parent (qualifying relative) who would experience extreme hardship if you are refused admission to the United States. The qualifying relative does not need to be the relative who filed the immigrant visa petition, but he or she must be your U.S. citizen or LPR spouse or parent. For information about how you can show extreme hardship to your qualifying relative, see Extreme Hardship in the What Evidence Must I Submit With Form I-601A section of these Instructions.

 

NOTE to parents of a U.S. citizen or LPR child: A U.S. citizen or LPR child is not a qualifying relative for the purpose of showing extreme hardship in this application. USCIS will not consider extreme hardship experienced by your U.S. citizen or LPR children except to the extent that it affects the extreme hardship your U.S. citizen or LPR spouse or parent would experience

 

[Eva75 4]

47 minutes ago, sandranj said:

He has to leave the Country to file the I-601, but if you become a U.S Citizen he can wait  here the decision of the I-601A (provisional waiver), and he will attend  the interview in his home Country after the waiver is approved here. The provisional waiver is not available for your adult son because you are just a green card holder.

Yes,she can apply for it...

I-601A, Application for Provisional Unlawful Presence Waiver

 

Certain immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act section 212 (a)(9)(B), before departing the United States to appear at a U.S. Embassy or Consulate for an immigrant visa interview. For more information, see the Provisional Unlawful Presence Waiver webpage.

[HRQX 4,145]

4 hours ago, nastra30 said:

I don't think illegal immigrants can apply for SSS.

They can and must, per federal law. To register using the online form, a valid SSN is required. Thus, most undocumented immigrants will use Mail-In registration: https://www.sss.gov/Home/Registration "If you don’t know your social security number or don’t have one, print the Form 1, complete, and mail it to the address on the form." Also: "Selective Service mail-back registration forms are available at any U.S. Post Office.  A man can fill it out (leaving the space for his social security number blank, if he has not yet obtained one *), sign and date, affix postage, and mail to Selective Service without the involvement of the postal clerk." https://www.sss.gov/Registration/How-to-Register

 

His failure to register can affect his applications for federal student aid, federal jobs, etc.: https://www.sss.gov/Home/Men-26-and-OLDER

[Boiler 45,904]

I think every Post Office (well not the contract ones) I have been has a poster about the need to register, difficult to miss.

[issea 43]

20 hours ago, R1CH1991 said:

I don’t know how to comment on this. I don’t want to throw any negativity your way but it leaves a sour taste in my mouth whereas me and my wife have been patiently waiting in line. It’s disheartening when people jump the line and expect the system to facilitate it. 
 

I don’t know you, and I’m sure you’ve gone through a lot too, but if everyone did what you do, we’d be in a mess.

 

Whos the daft one though. You that have your family together or me whose 3.981 miles away from my wife and have been for going on for five years now of long distance. 
 

👎

TBH, I don’t think they’d even have had the chance to immigrate w/o using the visitor visa to enter and seek the way to be legalized to stay (probably began with the daughter married to a USC). I sometimes think the immigration law that marrying to USC and AOS all of sudden forgives overstay is mainly made to take care of those crossed  the (southern) border and overstayed. 

18 hours ago, Marieke H said:

I think "jumping the line" referred to the whole family immigrating on a tourist visa.

 

OP, good luck. Your son will have to go back to your home country for consular processing. Use the search function on this website and you'll find lots of experiences from others.

Exactly 

Edited January 23, 2020 by issea

[Boiler 45,904]

Not sure if anyone has mentioned Parole in Place, if OP wishes to join the armed forces.

[HRQX 4,145]

49 minutes ago, Boiler said:

Not sure if anyone has mentioned Parole in Place, if OP wishes to join the armed forces.

Unknown what OP's current age is; OP is the 26 year-old's father. That might affect his ability to enlist (e.g. maximum age to enlist depends on branch). If they attempt the "seek to enlist" option, what would be sent to support the I-131? https://www.uscis.gov/military/discretionary-options-military-members-enlistees-and-their-families

[Joooce 2]

Agree with looking into filing a i-601A wavier if he can file and get it approved inside the US. I was also going to add, you should read up on 245i LIFE Act and see if that applies to you as well. But seeing that you came over in 2006, I assume you didnt have any previous petitions filed before 4/30/2001? The other option is he can get a permanent residence through marrying a US citizen. This will forgive overstay. 

 

Best of luck!