Can CSPA help soon to age-out I-130 petitioned son of LPR? Thank you...

[Jojo92122 1,924]

3 minutes ago, Rantes said:

The latter part is a bit unfair. Ive been raising and caring for this boy. Look at the violence headings on Juarez alone? How am I supposed to let him go to that? 17 people executed over this last week end. The total for last month was around 175. A pastor executed last Friday... A pastor...

https://canal44.com/category/local/

 

Unfair?  How?  Sorry, but you choose for your son to stay illegal in the US.  This is the consequences that you choose based on your decisions.  

 

I'm not here to debate whether US immigration laws are unfair or not.  I am giving you good advice based on the choices that you have made.  Don't get mad at the messenger.

Edited June 13, 2018 by Jojo92122

[SusieQQQ 11,584]

45 minutes ago, Rantes said:

 

 

WOW... I had an appointment with a high profile expert and he said this was a negative for sure. Can you shed some experiences, examples, laws, comment? This is very puzzling...

 

Then what? DONT pursue this any more in its current shape-way-or-form. Become USC and upgrade or reapply + CSPA. That is what I came up with by reading the law here and there.

 

Ok, there’s something you don’t seem to be understanding properly here. Only immediate relatives of US citizens get overstay forgiven. (This is a massive advantage that other immigrants don’t have and consider hugely unfair, by the way, as all the rest of them have to follow every law at every time or face deportation- so you are already looking a gift horse in the mouth) anyway end of rant, ....the main point is in neither case-  whether  your son’s priority date is current while you are an LPR, or you become a citizen after he turns 21 - will he count for immigration purposes as being an immediate relative of a USC. Therefore his overstay will not be forgiven. There is no scenario, based on what you’ve told us, where this can happen.

 

 

43 minutes ago, Jojo92122 said:

Your son will be over age 21 when you are eligible to naturalize.  This means he will not qualify as an Immediate Relative of a USC and his overstay will not be forgiven.   He will not get a green card.

 

You are screwing this up royally by having your son overstay.  His overstay will not be forgiven as long as you are an LPR.  When you naturalize, he will be over age 21, so his overstay will not be forgiven.

 

Unless your son marries a USC, he is screwed because you choose for him to overstay.

 

 

Basically, this summed it up. 

 

 

26 minutes ago, Rantes said:

The latter part is a bit unfair. Ive been raising and caring for this boy. Look at the violence headings on Juarez alone? How am I supposed to let him go to that? 17 people executed over this last week end. The total for last month was around 175. A pastor executed last Friday... A pastor... I am not choosing for him I assure you.

https://canal44.com/category/local/

 

 

 

Many people come from terrible backgrounds where their lives are in danger. Unfortunately the already existing law, and this administration in particular as seen by Jeff sessions’s latest pronouncement, don’t care. Harsh, but it’s what the situation is, and unfortunately that means that while jojo may have been blunt about how he said it, what he said is correct, you took a conscious decision to break immigration law, and in this situation it’s one that will have serious consequences for your son. At this stage there is no route to a green card that allows him to stay in the US the whole time, and he could potentially be out for a very long time due to a combination of the ban he’s incurred and his age.

Edited June 13, 2018 by SusieQQQ

[Rantes 1]

26 minutes ago, Jojo92122 said:

I'm not here to debate whether US immigration laws are unfair or not.  I am giving you good advice based on the choices that you have made.  Don't get mad at the messenger.

Not even jojo. Not at all. Appreciate your advice in fact. We have been discussing different countries as alternatives. Its not easy though. 

Edited June 13, 2018 by Rantes

[Jojo92122 1,924]

Your son's situation is because of your choices.

 

All of this could have been avoided if you had chosen to go the K-1/K-2 route instead of getting marry on the TN and AOS.  With a K-2 with an age limit of 21, your son would have been able to get a green card at the time you got yours.

Edited June 13, 2018 by Jojo92122

[Rantes 1]

4 minutes ago, Jojo92122 said:

All of this could have been avoided if you had chosen to go the K-1/K-2 route instead of getting marry on the TN and AOS.  With a K-2, your son would have been able to get a green card at the time you got yours.

Yeup... It was one of those things we did not see coming at all. Can you see any way for this petition to help in any other category? What I mean by that is that in some cases the PD is respected if a second petition is submitted by the same petitioner. Just looking for a way to not have him go away. That is all. 

Edited June 13, 2018 by Rantes

[Jojo92122 1,924]

32 minutes ago, Rantes said:

Yeup... It was one of those things we did not see coming at all. Can you see any way for this petition to help in any other category? What I mean by that is that in some cases the PD is respected if a second petition is submitted by the same petitioner. Just looking for a way to not have him go away. That is all. 

The pooch has been screwed, and it can not be undone.

 

There is no way for your son to benefit from the petition you filed.  NO WAY.  NO HOW.  Same petitioner filing a second petition will not help.

 

THE ONLY WAY OUT FOR YOUR SON is marriage to a USC.  THAT IS THE ONLY WAY.

 

I am not busting your chops here.  This is purely for the benefits of others who may read this - get legal advice before deciding to overstay.  Get legal help if you have a child between the age of 18 to 21 and decide to marry a USC, you may want to consider the pros of the K-1/K-2 route over a CR-1 or adjusting from a non-K-1 status.

Edited June 13, 2018 by Jojo92122

[geowrian 22,335]

1 hour ago, Rantes said:

Yeup I know. Him an I spent a lot of time looking into alternatives: army (unless he learns a very foreign language), not even F-1 because he has no immediate family over there.  "You make it sound like being out of status isn’t such a problem...", there are LOTS of peoples riding this same boat - we like your spirit though. Some dreams will have to be put down in lieu for patience and keep being a person of moral minded principals (i.e. stay out of trouble). I lost you on the last part of your statement, " the “only thing” as you dismiss it to my way of thinking is a big thing ...l", can you run that through me again?

Whether or not there are many other people violating the law, it doesn't make it right or legal. In his particular case, it is a major issue as it is a bar to AOS.

 

Quote

WOW... I had an appointment with a high profile expert and he said this was a negative for sure. Can you shed some experiences, examples, laws, comment? This is very puzzling...

It's clearly stated in the INA and USCIS policy manual:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter3.html

 

Quote

Then what? DONT pursue this any more in its current shape-way-or-form. Become USC and upgrade or reapply + CSPA. That is what I came up with by reading the law here and there.

You can keep the I-130 petition going just fine, but AOS is not going to be possible. He can qualify for an immigrant visa abroad when the PD is current, although an I-601 will be necessary as he will incur a 10 year bar upon exit from the US.

Edit: If he falls into F2B or the case is upgraded to F1 (by becoming a USC), then the PD won't be current for ~7+ years.

 

Quote

Bellow is what we - hopefully - are looking at. If you see anything that is totally out of place please by all means point it out. 

<<TENTATIVELY SPEAKING>>

06/30/17: Conditional LPR 2 years began.

03/30/19 : Can send remove conditional restrictions form. Will get a 10 year permit sometime before a year passes. Will get a temporary permit good for one year in the mean time.

06/30/19 : 2 year conditional LPR term is terminated. 

03/30/20: Temporary 1 year in lieu for 10 year is terminated. Should by this date will have a 10 year unrestricted LPR status. Concurrently with this date will be eligible to file for naturalization.

07/30/20: Should receive appointment for naturalization

09/30/20: Obtained citizenship.

Which puts him as being 21+ at the time of your naturalization...so he won't qualify for the AOS overstay exemption as noted in the policy guide linked above.

The time is also pretty optimistic IMHO...you won't qualify for naturalization until 6/30/20 (you can file sooner but it won't process yet). Then add in 6-12 months for an interview, depending on current processing timelines.

Edited June 13, 2018 by geowrian

[Jojo92122 1,924]

Wouldn't an I-601 require a qualifying relative with an extreme hardship?

[geowrian 22,335]

7 minutes ago, Jojo92122 said:

Wouldn't an I-601 require a qualifying relative with an extreme hardship?

Absolutely. I believe a USC or LPR parent qualifies for the unlawful presence waiver, though.

 

https://www.uscis.gov/system/files_force/files/form/i-601instr.pdf

"You Are Seeking a Waiver of Inadmissibility Under INA Section 212(a)(9)(B)(v) of the 3-Year or 10-Year Unlawful Presence

 

If you are inadmissible because you were previously unlawfully present in the United States either for longer than 180 days, but less than 1 year (resulting in a 3-year bar), or 1 year or more (resulting in a 10-year bar), you may seek a waiver by filing this application.

 

With the application, you must establish that your qualifying U.S. citizen or lawful permanent resident relative (spouse or parent) or K visa petitioner would experience extreme hardship if you were denied admission"

 

Edit: For clarification, the I-601A requires the beneficiary to be a child to qualify.

Edit 2: Scratch that...that's as a derivative beneficiary, my bad. As a primary beneficiary, you don't need to be a child. So...this looks like a potentially viable path to waive the bar (unless i missed something...anybody want to confirm?)

Edited June 13, 2018 by geowrian

[SusieQQQ 11,584]

1 hour ago, Rantes said:

Yeup... It was one of those things we did not see coming at all. Can you see any way for this petition to help in any other category? What I mean by that is that in some cases the PD is respected if a second petition is submitted by the same petitioner. Just looking for a way to not have him go away. That is all. 

An existing petition can be upgraded and keep the same priority date - not a second petition being filed.

i can’t help thinking your extensive consultations with lawyers have confused you rather than clarified things for you. 

There is no option for a petition filed by you to have any scenario in which your son does not need to leave the US. That’s the unfortunate fact.

[SusieQQQ 11,584]

26 minutes ago, geowrian said:

 

".. So...this looks like a potentially viable path to waive the bar (unless i missed something...anybody want to confirm?)

Well - the waiver is not automatic. The extreme hardship has to be proven.

and the son still needs to leave the US. That is not avoidable.

A waiver will only be able to filed when parent becomes a usc, not immediately after interview. Possibly can push interview by taking advantage of “file within a year” but even then it’s cutting it fine. Question:

If that works somehow, and interview is after OP is citizen and can file waiver, what happens to CSPA age? Is that protected through the waiver process or does son age out and move to F1?

[geowrian 22,335]

7 minutes ago, SusieQQQ said:

Well - the waiver is not automatic. The extreme hardship has to be proven.

and the son still needs to leave the US. That is not avoidable.

A waiver will only be able to filed when parent becomes a usc, not immediately after interview. Possibly can push interview by taking advantage of “file within a year” but even then it’s cutting it fine. Question:

If that works somehow, and interview is after OP is citizen and can file waiver, what happens to CSPA age? Is that protected through the waiver process or does son age out and move to F1?

True. Although an I-601A is usually not too high of a bar from what I've noticed (versus an I-601).

Yes.

Both the I-601 and I-601A allows the petitioner/filer to be a USC or LPR for a bar due to unlawful presence, so I think that piece is covered. The I-601A could be filed before exit and interview abroad...although I'm not sure how the "seek to acquire" CSPA provision applies here if the timeline for approval goes beyond a year?

Edited June 13, 2018 by geowrian

[Jojo92122 1,924]

1 minute ago, SusieQQQ said:

Well - the waiver is not automatic. The extreme hardship has to be proven.

and the son still needs to leave the US. That is not avoidable.

A waiver will only be able to filed when parent becomes a usc, not immediately after interview. Possibly can push interview by taking advantage of “file within a year” but even then it’s cutting it fine. Question:

If that works somehow, and interview is after OP is citizen and can file waiver, what happens to CSPA age? Is that protected through the waiver process or does son age out and move to F1?

By the time the petitioner is eligible to naturalize, his son will already be over 21 so CSPA would not apply. 

 

Since CSPA does not apply when the petitioner becomes a USC, CSPA is not relevant in considering the waiver or the F1 category.

[SusieQQQ 11,584]

52 minutes ago, Jojo92122 said:

 

 

THE ONLY WAY OUT FOR YOUR SON is marriage to a USC.  THAT IS THE ONLY WAY.

 

 

Only if it’s genuine. You don’t want to add immigration fraud on a green card marriage to the overstay problem.

[Jojo92122 1,924]

1 minute ago, SusieQQQ said:

Only if it’s genuine. You don’t want to add immigration fraud on a green card marriage to the overstay problem.

Of course not.