Bringing an unmarried older than 21 yrs old.

[milimelo 4,546]

4 minutes ago, CSG046186 said:

So then How does the AOS works? I think i will be better off getting a lawyer.

In your circumstances, it does not. There's no possibility of doing AOS for your son. 

[HRQX 4,145]

10 minutes ago, CSG046186 said:

So then How does the AOS works?

Before the Priority Date becomes current he's ineligible for AOS based on INA 245(a): "The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed."

 

Thus, the steps that @aaron2020 mentioned earlier are the way to go.

Edited July 24, 2020 by HRQX

[SusieQQQ 11,587]

8 minutes ago, CSG046186 said:

So then How does the AOS works? I think i will be better off getting a lawyer.

You’re welcome to get a lawyer of course, who will presumably explain to you that AOS works if you have entered the country legally, have never been out of status, and have had a petition filed and approved for you with a visa number available (priority date current) or are eligible to file concurrently.

 

It occurs to me that you might be getting confused if your only exposure to the concept of AOS so far has been in the immediate relative categories (CR/IR), as these categories always have a visa number available as soon as they are filed. The category your son will be under does not work like that.

[aaron2020 11,651]

10 minutes ago, CSG046186 said:

So then How does the AOS works? I think i will be better off getting a lawyer.

AOS works in the F1 category if he was legally in the US with a current PD based on an approved I-130. 

Your son does not have an approved I-130 with a current PD, so he can't adjust.

 

[SusieQQQ 11,587]

Here is a clear explanation of the process by USCIS. Note step 3 in particular, that may explain the concept of the priority date needing to be current more clearly than we have been able to.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status

[designguy 1,179]

Your son needs to return before his authorized stay is expires. There is no point in a lawyer as he is not eligible to AOS

[Boiler 45,995]

Actually this could be a case where a Lawyer could help explain basic principles.

[SalishSea 18,117]

9 hours ago, CSG046186 said:

He arrived about a week ago,

Really.....no intent?  Pretty clear that the plan was to try to circumvent the correct channels of immigration and jump the queue.  Fortunately for all the people ahead of you, who have been waiting years, that is not an option.

 

 

Edited July 25, 2020 by Jorgedig

[Canerican 242]

10 hours ago, CSG046186 said:

So then How does the AOS works? I think i will be better off getting a lawyer.

If you would like to get a lawyer then that is your choice. But I tell you from 7-8 years of of being on this forum that what you are being told here is correct information. There is a wealth of information on this website and we often deter people from retaining a lawyer. 
 

[Lucky2Lucky 2,526]

3 hours ago, Jorgedig said:

Really.....no intent?  Pretty clear that the plan was to try to circumvent the correct channels of immigration and jump the queue.  Fortunately for all the people ahead of you, who have been waiting years, that is not an option.

 

 

Exactly. Clearly there was intent and OP is trying to bypass the immigration system.

[Unlockable 7,315]

14 hours ago, CSG046186 said:

I understand. I am just confused as I though as long he is physically in the US and legally entered the country, It would make him eligible for the adjusment. I don't want him to lose any of the benefits you had mentioned before. At any moment, the uscis rep mentioned anything about Priority Date.

This is a huge misconception that many immigrants have. Many believe that all they have to do is be present in the US and they will get a green card. @CSG046186, there is no way you can help your son now. he HAS to go back. Trust us, if what you wanted to do was possible, we would have guides, VJ members, and other threads showing you how it's done. But it is not possible at all. A good lawyer will only tell you the same thing. Lawyers can't change the law.

 

If your son decides to overstay his visa, he will be subject to deportation. He can not get authorization to work and he will likely incur a US ban.

 

Take no offense to this but you went about this the wrong way. You may have received some bad info but what you would like to do for you son is not gonna happen.

 

 

[Crazy Cat 42,183]

Immigration, regardless of the route, requires a lot of knowledge, planning, time, patience, and money.  Failing in any of those areas can cause problems or even disaster...

[NancyNguyen 1,658]

15 hours ago, CSG046186 said:

So then How does the AOS works? I think i will be better off getting a lawyer.

Lawyer can help taking your money, make sure you receive free consultation. File i-130 now and wait at least 8 years in his country, he must remain unmarried until then.

[Jorge V 195]

Everyone is using terms like priority dates and visa bulletin, which while accurate, may be unfamiliar to @CSG046186 and may be going over their head. So maybe using simpler terms will help.

 

You seem to be familiar with AOS and know that it's a common way for immigrants already in the US (even on tourist visas) to get their green card. What you may be missing is that the category of eligible immigrants is limited. Most of the people you read about adjusting status are the spouses of US citizens, and as mentioned by others, someone like your son (21+) is not eligible for AOS. You are free to file all necessary forms, but the current wait time for your son's category is at least 6 years (11 years if from the Philippines, 23 years if from Mexico). He cannot spend this time in the US on a tourist visa, as his overstay will not be forgiven as it would be for a spouse.

[Calicolom 266]

17 hours ago, HRQX said:

After you file I-130 he'll need to wait for the Priority Date to become current: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin If he overstays the time allowed on the I-94 then he'll be ineligible for AOS per INA 245(c): "Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to (1) an alien crewman; (2) subject to subsection (k), an alien (other than an immediate relative as defined in section 1151(b) of this title or a special immigrant described in section 1101(a)(27)(H), (I), (J), or (K) of this title) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States; (3) any alien admitted in transit without visa under section 1182(d)(4)(C) of this title; (4) an alien (other than an immediate relative as defined in section 1151(b) of this title) who was admitted as a nonimmigrant visitor without a visa under section 1182(l) of this title or section 1187 of this title; (5) an alien who was admitted as a nonimmigrant described in section 1101(a)(15)(S) of this title,1 (6) an alien who is deportable under section 1227(a)(4)(B) of this title; (7) any alien who seeks adjustment of status to that of an immigrant under section 1153(b) of this title and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 1324a(h)(3) of this title, or who has otherwise violated the terms of a nonimmigrant visa."

Head in the sand.