AOS

[Rocio0010 5,579]

20 minutes ago, audaciousderon said:

I think I did. I just joined this site today. I'm learning how to respond back.

I came in with my kids 2016. I was married to my ex husband 2017 but because of his physical abuse and infidelity, I couldn't continue with him and the application he submitted for us was denied. 

I remarried Oct, 2020 to present husband who is a US citizen. But my son was already 20 before I remarried. Hope I answered your questions. 

Did you file for VAWA in 2017? 

[SalishSea 17,801]

36 minutes ago, audaciousderon said:

I think I did. I just joined this site today. I'm learning how to respond back.

I came in with my kids 2016. I was married to my ex husband 2017 but because of his physical abuse and infidelity, I couldn't continue with him and the application he submitted for us was denied. 

I remarried Oct, 2020 to present husband who is a US citizen. But my son was already 20 before I remarried. Hope I answered your questions. 

So your son is out of status and has no basis on which to adjust currently.  You will need to send him home and petition him for an immigrant visa.

[audaciousderon 2]

Okay. He's in college. 

[Boiler 45,445]

He was too old to be sponsored by your husband.

 

He is also here illegally.

 

Assuming you have your GC and he is single you can petition him but he has no basis to stay

 

 

[Kanja 201]

7 minutes ago, audaciousderon said:

Okay. He's in college. 

Did he get an f visa to study In college? 

[audaciousderon 2]

He went back to high school here and from high school to college. I brought him when he was 15 years. 

[Boiler 45,445]

Just now, audaciousderon said:

He went back to high school here and from high school to college. I brought him when he was 15 years. 

You are being asked on what basis he is in the US, what is his status.

[audaciousderon 2]

He went back to high school here and from high school to college. I brought him when he was 15 years.

[audaciousderon 2]

We came with a visiting visa B2, in 2016.

He has a SSN.

[Boiler 45,445]

Just now, audaciousderon said:

We came with a visiting visa B2, in 2016.

We know that, maximum validity would be 6 months, it is now 2023.

[Rocio0010 5,579]

33 minutes ago, audaciousderon said:

He went back to high school here and from high school to college. I brought him when he was 15 years.

•  

It’s been established that he’s in school. 
Did he apply for an F1 student visa to get to school?

[audaciousderon 2]

I didn't get your question. But to my best understanding, he did not apply for F1 to get to school. He doesn't need it as at the time because he did their high school here and went to college while our I485 was still pending. If that answer your question  

[Rocio0010 5,579]

8 minutes ago, audaciousderon said:

I didn't get your question. But to my best understanding, he did not apply for F1 to get to school. He doesn't need it as at the time because he did their high school here and went to college while our I485 was still pending. If that answer your question  

I see.

He needs to get in touch with the office of international students in his college (if there is one) and update them about the denial.

Going back to your question, no, he has no legal basis to adjust through you. He needs to leave the US, and once you become a resident, you can petition for him. 
But since he is here illegally, most likely he will incur in a bar, which he will have to serve outside of the US

[audaciousderon 2]

Okay. Thank you so much for this info. 

[SalishSea 17,801]

9 minutes ago, Rocio0010 said:

I see.

He needs to get in touch with the office of international students in his college (if there is one) and update them about the denial.

Going back to your question, no, he has no legal basis to adjust through you. He needs to leave the US, and once you become a resident, you can petition for him. 
But since he is here illegally, most likely he will incur in a bar, which he will have to serve outside of the US

I doubt he would be even on the radar of the office of international students if he went to high school in the United States.