Son of US Citizen applying for adjust status

[MarcioBono 0]

Hello everyone,

My mom just became an US Citizen, and i was wondering if i can apply for a Green Card trough her.

My case maybe complicated. I live in the US for almost 11 years with a H2B Visa expired since 2005.

I'm unmarried son over 21 years old. I think I would be in category F1.

Anybody know if I can apply from here ? I have my live here and I really don't thing about go back to my home country. I heard that Obama changed something about the 3/10 years bar, but I'm not sure if that could help me.

If anybody can help me i will appreciate very much

Thank you and god bless you

[Boiler 43,419]

You do not apply, your Mother can.

There would be a 7 year or so wait and under current regulations the need for a waiver for the 10 year ban for illegal presence.

There may of course be other issues you have not mentioned.

[MarcioBono 0]

You do not apply, your Mother can.

There would be a 7 year or so wait and under current regulations the need for a waiver for the 10 year ban for illegal presence.

There may of course be other issues you have not mentioned.

Right, she will apply for me, and the wait time is 7 years...

But since I'm already in US waiting, is there any risk of deportation after she apply for me ?

[Boiler 43,419]

Of course there is a risk. You are running it now.

[Transborderwife 4,666]

You're risking deportation right now as is. It doesn't look like obama's executive order benefits visa overstays. She can petition for you. However you may want to check and see if you have an outstanding removal order first.

Edited November 28, 2014 by Transborderwife

[MarcioBono 0]

You're risking deportation right now as is. It doesn't look like obama's executive order benefits visa overstays. She can petition for you. However you may want to check and see if you have an outstanding removal order first.

I don't think that I have any outstanding removal order or anything like that...Never had any kind of problem here (police, court, etc). I know that I am under risk of deportation right now as is, but what I mean is: Can they reject when my mom petition for me and send me a letter telling me to go back home ?

I'm trying to understand how the process would work for me...

I know my mom will petition for me (Form I-130)...Then what's the next step ?

I have been reading on internet some things about, but I'm not sure if I got it right...

What I think is: After my mom petition for me , and the petition is accepted, I will need I waiver (10 years ban) to be able to go back home, get a visa, and come back. Then when I am back I will have to fill out the form I-485 to get the green card. Is that it or I got it all wrong ?

Its just so complicated...

I really appreciate any help...

Thank you...

[aleful 1,905]

hi

you've got it wrong, you cannot adjust status in the US, you will go through consular processing

the i130 will be approved and sent to the NVC or National Visa Center, there it will wait years and collect dust until there is a visa available for you. Currently the wait Is over 7 years. then your mom does the second part, more payments, forms and documents until your file is completed and sent to your country, where you will have your interview

When you leave you will trigger the 10 year ban, you will be denied a visa at interview, then later they will tell you if you can file the waiver i601 and your mother do the hardship letter to overcome the ban, If the waiver is approved, you get the visa and come to the US, and get your GC in the US

if denied you can file a second waiver, if everything is denied, you stay 10 years in your country and your mother will have to refile several years after the ban started.

no I485 to adjust status in the US since you aren't considered as an immediate relative with no time of waiting.

That's how it's been so far

Now what Obama signed as Decree and hopefully sticks is that you might be able to file the waiver in the US when your visa becomes available in over 7 years. Nobody knows if the Decree or Executive Order will exist in over 7 years or what it will look like.

Instead of being denied first and waiver second in your country, the waiver would be first, while you're still here, then have your interview and get your visa if the waiver was approved.

But no one really knows how this thing will go, in over 7 years from now

the only thing that your mother can do is start the process by filing the i130 and forget about it for 7 years

[Boiler 43,419]

Did not think Obamnesty allowed children the I 601a route?

[aleful 1,905]

hi boiler

yes, now with the new extension of the provisional waiver, children over 21 of a USC will be allowed to file for the waiver in country when there is a visa available for them, and then go through consular processing as usual

but as said, no one knows if this decree will exist in 7 years from now. too soon to tell if it will be struck down by the next President or Congress