Please help - child needs to stay in U.S.

[whatnext 0]

I am a longtime member here but am posting under a different username for a number of reasons, my husband's exwife being the biggest reason. I am sorry if any details are cryptic but I do not trust her.

Our situation: My husband is a permanent resident. I am the USC.

My husband's child came on the visa waiver program for his regular summer visit. The mother has said the child has been thrown out of the house for ongoing fighting with his stepfather. When he comes back from America, he is no longer allowed to live with her and her piece of %$&* husband. They threw all his belongings in trash bags right before flying over here. Everything the kid owns is in bags for him to pick up when he gets back and he is expected to leave. The mother told the child to start looking for a place before he left, and he did, so it is on record that his parents are throwing him out.

The child is 17 and essentially has nowhere to live. In his country, parents can legally throw out a child at this age. He found a house share but we are very reluctant to let him live in that situation at such a young age. There are no relatives he can live with in his country. My husband and I cannot in good conscience put this child back on a plane only to be homeless. Even if we could afford to subsidize his rent in a nice apartment in a good area (which we can't), who wants their kid out on their own at this age? He's going to have to drop out of school to work to help meet his expenses.

Anyway, I need to know what are our options to keep him here. We had no intentions of him staying as we didn't have all the details until the child was with us and he and his siblings were filling us in on the verbal and emotional abuse the stepfather has been inflicting on them all. Also, the kid at that point was having a lot of false bravado, insisting he would be fine in the houseshare and didn't want to give up school to move here. He was adamant. Now that he's here, he's petrified to go back to this situation.

Thank you if you have made it this far through this novel. We are sick with worry for this kid and would appreciate any advice.

[TayRivers 4]

You need to file an I-130 and AOS packet for him, he is an immidiate relative so he does not need to wait for a visa number to become available to him.

Once both the I-130 and AOS is filled together he can remain in the US while it is being adjudicated. dont forget to file for EAD and AP for him as well.

[whatnext 0]

Thanks for the reply. I assume we'd have to get the paperwork in before the expiration date on his I-94?

[TayRivers 4]

Thanks for the reply. I assume we'd have to get the paperwork in before the expiration date on his I-94?

If you can file before the I-94 expires then do so as this will stop him accruing any out of status time.