Adjustment of Status for my son

[DrewM 2]

Hi! I am a US citizen, and my son is a citizen of Russia. He is currently in the US on a visitor visa, and we would like to apply to adjust his status because of the rapidly deteriorating situation (and unexpected changes in the family) in Russia. He is 17 and has been here since September. 

Would this be a simple I-130 + I-485 application? Are we overlooking anything?

[Lil bear 4,181]

Just now, DrewM said:

Hi! I am a US citizen, and my son is a citizen of Russia. He is currently in the US on a visitor visa, and we would like to apply to adjust his status because of the rapidly deteriorating situation (and unexpected changes in the family) in Russia. He is 17 and has been here since September. 

Would this be a simple I-130 + I-485 application? Are we overlooking anything?

Apply also for the employment authorization and travel permit .. I 765 and I 131 as these are fee waived when applying concurrently and will be processed earlier than the AOS. He can then get a SSN, a job, and if needs to he can leave the US for a short trip and return   As he is still a minor, do you have written agreement  from his other parent to allow him to immigrate ? 

[DrewM 2]

25 minutes ago, Lil bear said:

Apply also for the employment authorization and travel permit .. I 765 and I 131 as these are fee waived when applying concurrently and will be processed earlier than the AOS. He can then get a SSN, a job, and if needs to he can leave the US for a short trip and return   As he is still a minor, do you have written agreement  from his other parent to allow him to immigrate ? 

thank you!

no written agreement, but we can definitely obtain it. is that required? is there a particular format for it?

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum -- topic is about AOS of child already in the US ***

 

[DrewM 2]

1 hour ago, Lil bear said:

Apply also for the employment authorization and travel permit .. I 765 and I 131 as these are fee waived when applying concurrently and will be processed earlier than the AOS. He can then get a SSN, a job, and if needs to he can leave the US for a short trip and return   As he is still a minor, do you have written agreement  from his other parent to allow him to immigrate ? 

Also, do we need an attorney for this process?

[Chancy 6,241]

6 minutes ago, DrewM said:

Also, do we need an attorney for this process?

 

Depends on you, but it is not a requirement.  Many here on VJ have successfully completed the adjustment of status process without professional help.  But you need to have the time, interest, and temperament to research about the process and to understand and follow instructions in filing government forms.

 

[SusieQQQ 11,586]

1 hour ago, Lil bear said:

  As he is still a minor, do you have written agreement  from his other parent to allow him to immigrate ? 

Does he need permission now, or when he adjusts? I’m thinking the latter, and chances are he’ll be over 18 by then and won’t need it any more. If he is actually under 18 still at that stage, then if this parent has legal custody then son will become  a citizen immediately too. But processing times probably make that unlikely. 

 

 

Edited October 29, 2022 by SusieQQQ

[DrewM 2]

33 minutes ago, SusieQQQ said:

Does he need permission now, or when he adjusts? I’m thinking the latter, and chances are he’ll be over 18 by then and won’t need it any more. If he is actually under 18 still at that stage, then if this parent has legal custody then son will become  a citizen immediately too. But processing times probably make that unlikely. 

 

 

I don't mind getting a permission for parent #2 to be on the safe side. Is there a particular format for it?

[SusieQQQ 11,586]

14 minutes ago, DrewM said:

I don't mind getting a permission for parent #2 to be on the safe side. Is there a particular format for it?

That usually depends on the country embassy requirements, not sure for AOS. When does your son turn 18? Do you have at least joint legal custody (assuming not sole custody or you wouldn’t need permission)

[Mike E 11,739]

 

5 hours ago, DrewM said:

Hi! I am a US citizen, and my son is a citizen of Russia

Were you a U.S. citizen before your son was born?

[DrewM 2]

No, after, but thank you for checking! 😀😀

[Mike E 11,739]

7 minutes ago, DrewM said:

No, after, but thank you for checking! 😀😀

Cool.  It is critical you file I-130 + I-485  + I-864 as soon as possible.  
 

Are you married to his mother? 

Edited October 29, 2022 by Mike E

[DrewM 2]

1 minute ago, Mike E said:

Cool.  It is critical you file I-485  + I-864 as soon as possible.  
 

Are you married to his mother? 

What's I-864? What about I-130?

Yes, she is also a citizen.

[DrewM 2]

5 minutes ago, Mike E said:

Cool.  It is critical you file I-130 + I-485  + I-864 as soon as possible.  
 

Are you married to his mother? 

Ok, I see.

 

Why the urgency? One lawyer said something about waiting until 3 months after his arrival...

Edited October 29, 2022 by DrewM

[Mike E 11,739]

1 minute ago, DrewM said:

What's I-864? What about I-130?

Yes, she is also a citizen.

Ok.  You need to get up to speed pronto on the process.  If your son is approved for his green card before he reaches age 18 he is automatically a citizen.  
 

https://www.visajourney.com/guides/us-immigration-for-children/

https://www.visajourney.com/guides/us-immigration-guide-for-children/

 

 

I-864 is required as you will be the primary financial sponsor.