Adult child of US citizen filing for permanent visa

[Crazy Cat 42,183]

1 minute ago, SusieQQQ said:

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

 

1 minute ago, Dashinka said:

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

Thanks.  Correct.    I edited my post...

[TomD 4]

His son can make as many visits as he like as UK citizens are not very restricted in getting visitors visa. I think the do it online and it takes 1 day during non Covid times. 
The sons purpose would be to reestablish his relationship with his Father and not to obtain citizenship. His father being 67 years old adding 7 years to that his father may not even be alive. 
 I saw the 7 yr wait with for children over 21. I think they need to seek out other options. 
 

[SusieQQQ 11,587]

OP, maybe this explains it a bit better than we have.

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-family-preference-immigrants

 

You will note from the list that F1 is the appropriate category.

You will see under “eligibility for adjustment of status” that one of the conditions is a visa number being immediately available. Another of those conditions is that there are no bars to adjustment. If you follow the link from the section on bars to adjustment, you will find that overstay is one of those bars.

 

As stated previously, only immediate relatives categories (such as your wife was, if you were a citizen at the time) always have visa numbers immediately available. Everyone else has to wait.  The place to see if a visa number is immediately available is the visa bulletin. You can see in the current month https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-september-2020.html , looking at table A, that for the category F1 unmarried sons and daughters of USCs, visa numbers are only available for priority dates (the date the i130 is properly filed) before 15 Sept 2014 (this is why people are telling you it’s a 5-7 year wait). 

 

 

[Crazy Cat 42,183]

7 minutes ago, TomD said:

I saw the 7 yr wait with for children over 21. I think they need to seek out other options. 

Such as a work visa?

[Dashinka 24,751]

29 minutes ago, TomD said:

His son can make as many visits as he like as UK citizens are not very restricted in getting visitors visa. I think the do it online and it takes 1 day during non Covid times. 
The sons purpose would be to reestablish his relationship with his Father and not to obtain citizenship. His father being 67 years old adding 7 years to that his father may not even be alive. 
 I saw the 7 yr wait with for children over 21. I think they need to seek out other options. 
 

I agree, if the son actually has no plans to relocate to the US permanently, then I would stick with the up to 90 day visits using ESTA.  That being said, if there is even an inkling the son does want to relocate at some point, the father should submit the I130.

 

Good Luck!

[TomD 4]

40 minutes ago, Dashinka said:

I agree, if the son actually has no plans to relocate to the US permanently, then I would stick with the up to 90 day visits using ESTA.  That being said, if there is even an inkling the son does want to relocate at some point, the father should submit the I130.

 

Good Luck!

I can see that. I will inform them both. Who knows what will happen 7 years. Hedge your bets...

Thanks all 

[JFH 12,191]

4 hours 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.

You are misunderstanding the terminology. I-130 and I-485 are the code numbers of the forms needed to file a petition for a relative and to adjust status (if an adjustment of status is available, which is not the case here at the moment). They are not visa types. The visa type is F1 (family-based first preference). This is the only category available for an unmarried adult child of a USC. As mentioned already, there is a 5-7 year wait for this category as it is numerically limited each year and oversubscribed (more people apply than there are places available). 
 

The adjustment of status applies if the person entered legally, and in this case REMAINED IN LEGAL STATUS throughout the wait. It’s not possible to remain the US legally for 7 years (or even 5 years) as a VWP visitor. However, if he has another visa type that he can apply for in the meantime - work visa, for example - that allows him to stay here that many years and allows dual-intent he can file the I-485 as and when his waiting period for the F1 is over. 
 

There is no getting around the wait for this category. He either carries on with his life in the UK during the wait or he lives here on some other visa (work visa, for example) during the wait. He won’t get permanent residency through his father without going through that waiting period. It is what it is and every other son/daughter of a USC is in the same boat. 

[Just Paul 4,595]

Son can travel under ESTA for upto 90 days at a time.   Needs proof of return or onward ticket at the POE.

 

If using a tourist visa, the length of stay is determined at the Port of Entry and can be up to 6 months.

 

After each visits, your son should remain out of the US for at least as long of a period as he was in the US.  Also note that if he has an ESTA and then applies for a tourist visa, and is denied, the ESTA is revoked.

 

You can file the I-130 at anytime to get in line.

[TomD 4]

Thanks all we got it. Get in line for 5-7 yrs  with the I-130, after that if possible fine an employer willing to sponsor and apply for work visa, get ESTA visa for up to 90 day stays .  Thanks all 

maybe he will get married during his visit.  One never knows does one. 
Thanks again 

[JFH 12,191]

2 hours ago, TomD said:

maybe he will get married during his visit.  One never knows does one. 
 

We have certainly seen crazier and more suspicious things here over the years.

[SusieQQQ 11,587]

41 minutes ago, JFH said:

We have certainly seen crazier and more suspicious things here over the years.

Indeed... 

 

reading back I see son is a contractor, so a work visa (at least a long term one rather than a seasonal one) is very unlikely to happen.  So an unexpected romance may be a nice surprise if son decides he likes it here.

[SalishSea 18,117]

4 hours ago, TomD said:

Thanks all we got it. Get in line for 5-7 yrs  with the I-130, after that if possible fine an employer willing to sponsor and apply for work visa, get ESTA visa for up to 90 day stays .  Thanks all 

maybe he will get married during his visit.  One never knows does one. 
Thanks again 

Work visas are not easy to obtain.  Marriage for the purpose of obtaining a US immigration benefit is fraudulent.  Just today,  USCIS tweeted a reminder about this.

[Demise 1,331]

14 hours ago, TomD said:

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 

Okay here's a question for you. The son was obviously born before the friend naturalized. But was the son ever an LPR? If he was then it is possible he acquired US Citizenship by action of law (which would let him just get a US passport and make this whole question moot).

Edited September 2, 2020 by Demise

[TomD 4]

No LPR isn’t applicable. In reality my friend wasn’t married to the sons mother. The had a total of 3 children together.  I know but it is what it is. When all this shut down Covid-19 is behind us his son will get an ESTA. It’s been 20 yrs since they has really spent time together so who knows how that will work out. My friend did see his sons a few years back when he took a trip to England and that sort of broke the Ice. 
After speaking to him this evening it sounds like he might put all this in the hands of an attorney. 
Yard ago he started the process for all 3 of his sons but the mother apparently got sick and they all returned to take care of her. She died about a year later. There applications here were withdrawn. I told my friend to contact the attorney and see if he could get copies of any paperwork submitted. 
Thanks Again Who knows how it will all play out but I feel his son will at least visit once after restrictions are lifted.

[HRQX 4,145]

3 hours ago, TomD said:

Thanks Again Who knows how it will all play out but I feel his son will at least visit once after restrictions are lifted.

If the son goes to an unrestricted country (Croatia, Serbia, Mexico, Turkey, UK "overseas territories outside of Europe", etc) for 2 weeks right before traveling to the US he can attempt an ESTA visit:

https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-coronavirus-2/

Edited September 2, 2020 by HRQX