F2B case change Country

[BETABE 3]

Hello, in October 2020 I requested F2B for my son, in Nov 2022, he entered the USA with a tourist visa and stayed, I sent an AR-11 for the change of address, where else do I need to notify that he is in the USA.

[OldUser 6,473]

14 minutes ago, bett said:

Hello, in October 2020 I requested F2B for my son, in Nov 2022, he entered the USA with a tourist visa and stayed, I sent an AR-11 for the change of address, where else do I need to notify that he is in the USA.

You're saying your son is in the US out of status? By requesting F2B do you mean you filed I-130 around that time?

 

If no visa is available and I-130 is pending he cannot stay in the US legally and subject for removal and bar on reentry for 10 years.

Edited September 7 by OldUser

[BETABE 3]

15 minutes ago, OldUser said:

You're saying your son is in the US out of status? By requesting F2B do you mean you filed I-130 around that time?

 

If no visa is available and I-130 is pending he cannot stay in the US legally and subject for removal and bar on reentry for 10 years.

Thank you for your response. When the I-130 is approved, an I-601A waiver will be requested, Application for Provisional Unlawful Presence Waiver. He will have to leave the country with the approved waiver.

[OldUser 6,473]

1 minute ago, bett said:

Thank you for your response. When the I-130 is approved, an I-601A waiver will be requested, Application for Provisional Unlawful Presence Waiver. He will have to leave the country with the approved waiver.

I'd recommend speaking to immigration lawyer. This is a difficult situation for your son.

 

If you only filed I-130 in 2022 and the son is over 21, you're looking for years of processing. The son may get deported in the meanwhile. Overstay is not forgiven for adult children.

[appleblossom 2,328]

10 minutes ago, bett said:

Thank you for your response. When the I-130 is approved, an I-601A waiver will be requested, Application for Provisional Unlawful Presence Waiver. He will have to leave the country with the approved waiver.

I agree with @olduser, you should consult a lawyer . By filing AR-11 you’ve notified USCIS that your son is in the US illegally!
 

He’s still at least 5 years or so away from a visa and he can’t adjust status as he’s not an immediate relative. I’d recommend he leaves asap, and waits for his visa whilst he rides out his ban. 
 

He’s not helping himself or his case by staying. He’s not working is he? 

Edited September 7 by appleblossom

[SalishSea 17,744]

33 minutes ago, bett said:

Thank you for your response. When the I-130 is approved, an I-601A waiver will be requested, Application for Provisional Unlawful Presence Waiver. He will have to leave the country with the approved waiver.

Why was this done?  Sounds deliberate, which makes NO sense.  Shooting yourself in the foot.

[BETABE 3]

30 minutes ago, appleblossom said:

I agree with @olduser, you should consult a lawyer . By filing AR-11 you’ve notified USCIS that your son is in the US illegally!
 

He’s still at least 5 years or so away from a visa and he can’t adjust status as he’s not an immediate relative. I’d recommend he leaves asap, and waits for his visa whilst he rides out his ban. 
 

He’s not helping himself or his case by staying. He’s not working is he? 

Thank you for your comment. We have consulted with some lawyers and a waiver form I-601A is going to be applied. We already have that clear and we know how to do it. I just needed to know if I had to notify somewhere else that he is here in the USA. We have already filled out and completed the AR. Thank you for your time and your comments.

[appleblossom 2,328]

9 minutes ago, bett said:

Thank you for your comment. We have consulted with some lawyers and a waiver form I-601A is going to be applied. We already have that clear and we know how to do it. I just needed to know if I had to notify somewhere else that he is here in the USA. We have already filled out and completed the AR. Thank you for your time and your comments.

That’s the whole point though - you don’t want to tell anybody that he’s in the country illegally! I don’t understand why on earth you thought it was a good idea to draw USCIS’s attention to that. 
 

Why can’t he leave and wait outside the US? It would make much more sense, particularly now you’ve told them exactly where he is. 

Edited September 7 by appleblossom

[BETABE 3]

4 minutes ago, appleblossom said:

That’s the whole point though - you don’t want to tell anybody that he’s in the country illegally! I don’t understand why on earth you thought it was a good idea to draw USCIS’s attention to that. 
 

Why can’t he leave and wait outside the US? It would make much more sense, particularly now you’ve told them exactly where he is. 

Ok. Thank you for your reply. Have a nice day.

[OldUser 6,473]

44 minutes ago, BETABE said:

Thank you for your comment. We have consulted with some lawyers and a waiver form I-601A is going to be applied. We already have that clear and we know how to do it.

Any waivers come into play during the adjustment of status. Because he cannot adjust for several years, he won't have any protection from deportation.

 

And now you helped ICE locating him.

 

 

I hope this explains it.

 

Have a good day!

Edited September 7 by OldUser

[BETABE 3]

4 minutes ago, OldUser said:

Any waivers come into play during the adjustment of status. Because he cannot adjust for several years, he won't have any protection from deportation.

 

And now you helped ICE locating him.

 

 

I hope this explains it.

 

Have a good day!

oki doki.

[SalishSea 17,744]

I feel like maybe there is a language barrier or just a huge void in understanding how things work here, for OP.  

 

In the title, the "change country" bit makes me think she believes she can just have him interview for that family preference visa in the US instead.

[Boiler 45,313]

I 601a is not a given, no waiver is, but a waiver for an adult child is more challenging than say a waiver for a spouse.

 

Also wonder what he is doing, chilling for 10 years? He may also need a I 601 at the Consulate interview.

[nastra30 2,277]

Op, you and your son are in for a rude awakening when his priority date becomes current. Don't say you weren't warned here; trying to game the system is never a good idea. Good luck.

Edited September 7 by nastra30

[Crazy Cat 41,606]

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Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

 

 

Edited September 7 by Crazy Cat