Adult child of US citizen filing for permanent visa

[TomD 4]

I have a friend from England who became a US citizen 20 years ago. He has a son in England that came over to the US as a teenager and attended school here but things didn’t work out so the son returned to England. Years later this son is now interested in coming to the US and getting a permanent visa. The son is 30+ yrs old and single with no children.  He can get a tourist visa and visit but wants a permanent one as his dad is 67 yrs old. 
The question is is it best to apply for permanent cost while in Britain or once he is hear on a visitor’s visa? Thanks for any help 

[TomD 4]

As an additional question to the above topic if the son gets a permit visa can he legally work in the US under that visa? If not would he be better off applying for a work visa as he would want to work while living with his father so as not to be a financial burden.

[Dashinka 24,495]

Sounds like this would be an F1 visa, I don't think someone in that category can AOS in country unless they were to fall under the 245(i) exception.  If an ordinary F1, I think it is at least five to seven years for that visa and the son would have to remain unmarried the entire time.

 

As to working while visiting, this is a no no on a visitor visa or ESTA, so unless the son finds an employer willing to sponsor them for a work visa, I don't see that happening.

 

Good Luck!

[TomD 4]

I thought F-1 visa were for someone wanting to go to school. Don’t see the connection. I also read that if he entered legally and he can easily do that he could apply for permanent residence visa while here. 
I thought this requires an I-130 and possibly a I-485. 
https://www.uscis.gov/sites/default/files/document/guides/A1en.pdf

[Dashinka 24,495]

1 minute ago, TomD said:

I thought F-1 visa were for someone wanting to go to school. Don’t see the connection. I also read that if he entered legally and he can easily do that he could apply for permanent residence visa while here. 
I thought this requires an I-130 and possibly a I-485. 
https://www.uscis.gov/sites/default/files/document/guides/A1en.pdf

Yes, there is an F visa for students, but in this case it is an immigrant visa for family sponsored children of USCs.

 

 

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-september-2020.html

[Crazy Cat 41,851]

29 minutes ago, TomD said:

I also read that if he entered legally and he can easily do that he could apply for permanent residence visa while here. 

He cannot come to the US via ESTA, tourist visa, or any non-immigrant route with the intent to stay and adjust status.....that is visa fraud.  The process must start with an I-130.  An I-485 does not apply in this situation.

 

In addition, he cannot work while in the US while he is visiting.  He will be authorized to work after entering the US with an immigrant visa.

Edited September 1, 2020 by Lucky Cat

[Crazy Cat 41,851]

Please note that the visa category for which the son qualifies has been suspended by President Trump until next year at the earliest.  But it will be well beyond then before the process is done.

Edited September 1, 2020 by Lucky Cat

[SusieQQQ 11,586]

To summarize all the above:

- the appropriate visa category for this son is F1 family visa

- it normally takes 5-7 years to process

- unless the son is able to get an independent visa allowing him to remain in the US during processing (such as an H1 work visa), he will have to wait in the UK for processing /his visa interview (If he overstays a tourist visa or otherwise violates its guidelines, he will not be eligible to adjust and after 180 days overstay will start accruing enough unlawful presence to get a ban : 3 years ban after 180 days overstay, 10 years ban after 365 days overstay).

- there is however nothing stopping him regularly visiting his dad during the process assuming he is on VWP or has a visitors visa.

 

 

 

Edited September 1, 2020 by SusieQQQ

[SusieQQQ 11,586]

2 hours ago, TomD said:

I also read that if he entered legally and he can easily do that he could apply for permanent residence visa while here. 
I thought this requires an I-130 and possibly a I-485. 
https://www.uscis.gov/sites/default/files/document/guides/A1en.pdf

From a tourist visa, nah. Only applies to immediate relatives in immigration terms who do not have to wait for a priority date to be current - this category is only spouses, children under 21, and parents of citizens. As he is over 21 he does not fall under this category- he would be in HUGE overstay by the time a visa number is available for him. He would then have to go back to the UK to process his visa (cannot adjust from overstay) but then would trigger a ten-year ban from the day he left the US. So basically if he wants to add another ten years to the process, after 5-7 years of staying illegally and risking deportation the whole time, this is the way to go.

 

Again, as above, if he enters legally on a visa such as H1 that also allows him to stay legally throughout the time it takes for a visa number to be available, then this is a route. He can’t do it from a tourist visa.

 

 

Edited September 1, 2020 by SusieQQQ

[TomD 4]

Thanks all. Not trying to be difficult but these are excerpts from USCIS document I referred above. 
 

What does the petition do for my relative?

Filing a Form I-130 and proving a qualifying relationship gives your relative a place in line with others waiting to immigrate from the same country or region based on the same type of relationship. When your relative reaches the front of the line, he or she may be eligible to immigrate after passing the required background checks and meeting requirements for admission.

For example: You file a petition for your unmarried son over 21 years of age. If we approve it, your petition gives him a place in line with people from the same country category who are also unmarried sons or daughters over the age of 21 of U.S. citizens.

 

How do I file?

There are two basic ways to legally assist your relatives to immigrate into the United States:

1. If your relatives live ...

2. If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition. Petitions filed at the same time with permanent residence applications (I-485) must be filed at a location that is different from where you would file an I-130 petition by itself. 

 

His son is 37 yrs old contractor and has a business in England. He isn’t desperate to come to the US. He lived with his dad for a short time in Tennessee and went to HS there but decided to go back to England because he wasn’t getting along with his Dad at that time and returned to live with his mother. There relationship has mended itself. I know none of this is relevant. Just putting it out there for clarification and understanding. 

Based on the above USCIS statement I’m not getting F-1. I’m reading I-130 and I-485. I will go read the F-1 doc for relevance. 
If his son comes on a visitor visa that’s entering legally to me. His son may not like it here. If he does then it seems this option is available. 
I doubt his son would be willing to wait 5-7 years. 
I used this site to help me get my wife over here 10 yrs ago. It made my learning curve and that journey much easier . 
Thank to all for your comments. I will share the comments with my friend.

[SusieQQQ 11,586]

8 minutes ago, TomD said:

Thanks all. Not trying to be difficult but these are excerpts from USCIS document I referred above. 
 

 

2.

Based on the above USCIS statement I’m not getting F-1. I’m reading I-130 and I-485. I will go read the F-1 doc for relevance. 
If his son comes on a visitor visa that’s entering legally to me. His son may not like it here. If he does then it seems this option is available. 
I doubt his son would be willing to wait 5-7 years. 
I used this site to help me get my wife over here 10 yrs ago. It made my learning curve and that journey much easier . 
Thank to all for your comments. I will share the comments with my friend.

You file a i130 for any family relative. Depending what the family relationship is, the petition gets classified into a particular category, in this case F1 family.  
I130 can be filed at any time. I485 can only be filed If there is a visa number immediately available for the beneficiary. This is where the issue of the wait comes in. Note the extract you posted about it said MAY - because it is conditional on other factors being met, which will not be met in this case. The difference between entering legally and still being here legally when a visa number is available has already been explained.

 

Kind of odd if the son wouldn’t just continue his life and in 5-7 years when a visa number is available see how he feels then. I’m personally one for keeping options open. But if it’s now or nothing for him, then it’s nothing.

Edited September 1, 2020 by SusieQQQ

[Crazy Cat 41,851]

9 minutes ago, TomD said:

Based on the above USCIS statement I’m not getting F-1. I’m reading I-130 and I-485.

Incorrect.  The I-485 applies ONLY if the person is already inside the US.....which he is not.  Also, a visa number has to be immediately available.

Edited September 1, 2020 by Lucky Cat

[Dashinka 24,495]

5 minutes ago, TomD said:

Thanks all. Not trying to be difficult but these are excerpts from USCIS document I referred above. 
 

What does the petition do for my relative?

Filing a Form I-130 and proving a qualifying relationship gives your relative a place in line with others waiting to immigrate from the same country or region based on the same type of relationship. When your relative reaches the front of the line, he or she may be eligible to immigrate after passing the required background checks and meeting requirements for admission.

For example: You file a petition for your unmarried son over 21 years of age. If we approve it, your petition gives him a place in line with people from the same country category who are also unmarried sons or daughters over the age of 21 of U.S. citizens.

 

How do I file?

There are two basic ways to legally assist your relatives to immigrate into the United States:

1. If your relatives live ...

2. If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition. Petitions filed at the same time with permanent residence applications (I-485) must be filed at a location that is different from where you would file an I-130 petition by itself. 

 

His son is 37 yrs old contractor and has a business in England. He isn’t desperate to come to the US. He lived with his dad for a short time in Tennessee and went to HS there but decided to go back to England because he wasn’t getting along with his Dad at that time and returned to live with his mother. There relationship has mended itself. I know none of this is relevant. Just putting it out there for clarification and understanding. 

Based on the above USCIS statement I’m not getting F-1. I’m reading I-130 and I-485. I will go read the F-1 doc for relevance. 
If his son comes on a visitor visa that’s entering legally to me. His son may not like it here. If he does then it seems this option is available. 
I doubt his son would be willing to wait 5-7 years. 
I used this site to help me get my wife over here 10 yrs ago. It made my learning curve and that journey much easier . 
Thank to all for your comments. I will share the comments with my friend.

According to USCIS, the son is not considered an Immediate Relative, so he falls into the Family Based preference categories.  I already posted the definitions of each category above along with the latest visa bulletin showing the dates of processing, but as @Lucky Cat stated, these categories are suspended right now due to Covid19.  The father can submit the I130 which he should do to get in line for the 5-7 year wait, the son can come and visit as long as he maintains either a B2 or ESTA in good standing.  We are in a similar position as we may want to file for my step-son, but he falls into the F3 category since he is married which is where the son in the OP will move to if he gets married while awaiting the F1 visa.

 

Good Luck!

[SusieQQQ 11,586]

Just now, Lucky Cat said:

Incorrect.  The I-485 applies ONLY if the person is already inside the US.....which he is not.

AND if a visa number is available, which it won’t be.

[Dashinka 24,495]

1 minute ago, Lucky Cat said:

Incorrect.  The I-485 applies ONLY if the person is already inside the US.....which he is not.

Except in this case even with the son in the US, AOS is not an option.