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sony2001

Can my son adjust status in US

By sony2001 in Bringing Family Members of US Citizens to America

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sony2001 Enthusiast

sony2001   7

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Filed: FB-4 Visa Country: Macedonia
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Let me tell you the situation first

in 1996 went to US and overstayed to 2004,came back in home country,he was under 18,in 2008 he got visa again still under 18 and he went to the US again and is still there almost 4,5 years.My brother in law petitioned us in march 29 2001,our PD WAS current last month,my question is can my son do the AOS in US under 245i?Thanks

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Penguin_ie Grand Master

Penguin_ie   5,984

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Filed: Citizen (apr) Country: Ireland
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You asked a question at midnight US time, give it some time :) All members here have lifes outside of VJ and volunteer their time.

How old is your son now?

Is he in the USA legally?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Penguin_ie Grand Master

Penguin_ie   5,984

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Filed: Citizen (apr) Country: Ireland
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Then I believe no, he can't. Your son is the derrivative of a sibling petition. He may have aged out anyway as he os over 21 and not be elligible for any visa but even if he is, he cannot adjust in the USA. He can't adjust status as he is an overstay, which is only overlooked for immediate relative categories (spouses, kids of citizens etc).

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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aleful Veteran

aleful   1,905

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Filed: Citizen (apr) Country: Argentina
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Thanks for the reply,how about adjusting under 245i act,he was physically present on DEC21 2000 IN US?

no he can't, there is no petition. when you left, you incurred in a 10 year ban. to get your own visa you shouldn't have never left the country, he is a derivative under your petition. you will be denied because you have a 10 year ban. since you don't have a petition he doesn't either. as a derivative, he should have had the interview with you guys at your country of origin.

he isn't covered under the 245i because you aren't covered under the 245i. if you hadn't left, then you all would be covered under the 244i law. the beneficiary has to be covered under the law, and then the derivatives will be.

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Penguin_ie Grand Master

Penguin_ie   5,984

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Filed: Citizen (apr) Country: Ireland
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Is he married to a US citizen now?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Boiler Grand Master

Boiler   43,393

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Filed: K-1 Visa Country: Wales
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Adjust though his wife.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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sony2001 Enthusiast

sony2001   7

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Filed: FB-4 Visa Country: Macedonia
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He is not married yet,but they have plan to do that,but i'm wondering if the other petition is still existing,could another one be filed,because we got the 10 year ban,but my son didn't come for the interview,and i'm not sure if he is still under that petition,thanks to all for your response and help

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Penguin_ie Grand Master

Penguin_ie   5,984

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Filed: Citizen (apr) Country: Ireland
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He can have two petitions going at the same time. If he is serious with this girl, best thing is to get married asap and then for her to file for him. He should not leave the country until he has the greencard in hand.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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sony2001 Enthusiast

sony2001   7

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Filed: FB-4 Visa Country: Macedonia
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Thanks,Penguin_ie

yes they are almost 4 years together,but we were not sure if the 2 petitions can go at the same time,he is not going to leave the country,because he would trigger a 10 year ban also,and we have 2 more years to serve the ban

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aaydrian Proficient

aaydrian   479

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Filed: F-3 Visa Timeline
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Thanks,Penguin_ie

yes they are almost 4 years together,but we were not sure if the 2 petitions can go at the same time,he is not going to leave the country,because he would trigger a 10 year ban also,and we have 2 more years to serve the ban

Did the consular officer tell you that after 2 years your family will still be eligible for F4 visas?

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