Adjustment of Status for my son

[DrewM 2]

1 minute ago, Mike E said:

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.  

Interesting...

We'll get going right away! 😎

[Mike E 11,739]

2 minutes ago, DrewM said:

Interesting...

We'll get going right away! 😎

How many months until he reaches age 18?

[nastra30 2,284]

9 minutes ago, DrewM said:

 One lawyer said something about waiting until 3 months after his arrival...

No need to wait. File away.

[Mike E 11,739]

10 minutes ago, DrewM said:

Ok, I see.

 

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

That lawyer is doubly   incompetent:

 

1. There is no 90 day / 3 month rule 

 

2. The lawyer missed the fact that your son has the opportunity to acquire U.S. citizen as a minor LPR in the custody of U.S. citizen parents.  
 

You might need a lawyer to expedite your son’s case on the basis your son will miss the opportunity if he turns age 18 before being approved for a green card.  Clearly you need a different lawyer. 

[SusieQQQ 11,586]

9 hours ago, Mike E said:

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.  

Only if the parent has at least joint legal custody. I asked that question earlier but it was ignored. 

[DrewM 2]

4 hours ago, SusieQQQ said:

Only if the parent has at least joint legal custody. I asked that question earlier but it was ignored. 

I don't understand what you mean.

[Mike E 11,739]

1 hour ago, DrewM said:

I don't understand what you mean.

You are married to your son’s mother. That generally means you have legal custody. 

[Mike E 11,739]

5 hours ago, SusieQQQ said:

Only if the parent has at least joint legal custody. I asked that question earlier but it was ignored. 

OP is married to son’s mother. The marriage certificate is evidence of legal custody in most situations. What are you implying with your question?

Edited October 30, 2022 by Mike E

[Mike E 11,739]

21 hours 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?

Isn’t parent number  2 your wife?

Edited October 30, 2022 by Mike E

[DrewM 2]

40 minutes ago, Mike E said:

Isn’t parent number  2 your wife?

Sorry for any confusion. Let me process the information you shared. Thank you for your help!

[SusieQQQ 11,586]

5 hours ago, DrewM said:

I don't understand what you mean.

Are uou currently married to the child’s other parent? If not, what is the legal custody arrangement?
 

4 hours ago, Mike E said:

OP is married to son’s mother. The marriage certificate is evidence of legal custody in most situations. What are you implying with your question?

My impression was they were not married anymore given the circumstances of the question, perhaps that was mistaken. If they are still married then permission is assumed anyway.

 

edit: ok reading back I see the question and answer about marriage. So ignore all this, even though it raises other questions. 

Edited October 30, 2022 by SusieQQQ

[Mike E 11,739]

24 minutes ago, SusieQQQ said:

Are uou currently married to the child’s other parent? If not, what is the legal custody arrangement?
 

My impression was they were not married anymore given the circumstances of the question, perhaps that was mistaken. If they are still married then permission is assumed anyway.

 

edit: ok reading back I see the question and answer about marriage. So ignore all this, even though it raises other questions. 

The last reply from OP suggests to me you are on to something. 

[SusieQQQ 11,586]

3 hours ago, Mike E said:

The last reply from OP suggests to me you are on to something. 

It’s confusing to me why if the parents are married, the mom is also a citizen and the dad is (apparently) living in the US, the minor son is only here on a visitor visa. That was why I assumed the parents were not together, especially when he said he could “get” permission from parent 2. The description of the situation doesn’t make sense to me unless parent 2 is not resident in the US, although there could obviously  be scenarios I haven’t considered (such as the son has been living with other people).

[DrewM 2]

7 hours ago, Mike E said:

The last reply from OP suggests to me you are on to something. 

😯 oh no! You got me. Great detective work, everybody. 🙂

This is not my biological son; this is my wife's son.

[SusieQQQ 11,586]

38 minutes ago, DrewM said:

😯 oh no! You got me. Great detective work, everybody. 🙂

This is not my biological son; this is my wife's son.

You can be sarcastic about detective work, but details like this matter for getting correct answers to immigration questions.