Process to petition a minor

[Topanga 0]

Hi,my son is turning 17 next month, has been living without any status in the US..My husband who is an an american citizen and my son's stepdad, will send the I 130 for my him.

So the question is: does my son still need the 601 a, since is still a minor??

I appreciate any advice.

[aleful 1,905]

hi

no, he doesn't need any waiver

if he entered the country legally, then your husband needs to submit the whole adjustment of status, not only the i130

[Topanga 0]

Thanks for your answer, my son and I came here illegally. I guess the process is a little different.

I am currently working on my waiver, but i don't know if my son will have to do the same.

[aleful 1,905]

hi

no, but he needs to leave the country before he is 18. he will have his interview in his country

the process will take a year, but in order for him not to have to file the waiver, he must leave the country as a minor

he can't have his interview here, and you won't either, you will have your interview in your country as well, but you can file the waiver before that

your son doesn't need a waiver for now. do you have family over there that he can stay with until his interview?

[Topanga 0]

Yeah, I have plenty of family in Mexico ...

Thank you very much for taking the time yo answer. I really appreciate it.

I am doing everything by myself, and sometimes it can get very confusing.

Have a great day.

[Ramirez619 0]

Does your child qualify for the I601a? If so file it since I'm assuming his only inadmissible would be unlawful presence. If there is any other inadmissibality don't file it, will only be a waste of time and money. If he doesn't qualify then have him leave before he's 18. Find out first if he is eligible for 601a so he won't have to leave the country until his interview in Ciudad Juarez.

[aaron2020 11,652]

Does your child qualify for the I601a? If so file it since I'm assuming his only inadmissible would be unlawful presence. If there is any other inadmissibality don't file it, will only be a waste of time and money. If he doesn't qualify then have him leave before he's 18. Find out first if he is eligible for 601a so he won't have to leave the country until his interview in Ciudad Juarez.

Children under age 18 do not accrue days of unlawful presence. He does not need a 601a waiver. He only has to leave the US before age 18, then it's all normal to petition for him.

hi

no, he doesn't need any waiver

if he entered the country legally, then your husband needs to submit the whole adjustment of status, not only the i130

The son has no status to adjust from. He can not adjust status from entering without inspection.

He must interview abroad for an immigration visa.

[aaron2020 11,652]

Hi,my son is turning 17 next month, has been living without any status in the US..My husband who is an an american citizen and my son's stepdad, will send the I 130 for my him.

So the question is: does my son still need the 601 a, since is still a minor?? No.

I appreciate any advice.

Have your husband file the I-130.

Before your son's 18th birthday, he will need to leave the US. Children do not get punished for entering the US illegally and staying. Once he turns 18 and becomes an adult, he could get punished for being here illegally. He will then interview for his immigration visa in his home country.

[aleful 1,905]

Children under age 18 do not accrue days of unlawful presence. He does not need a 601a waiver. He only has to leave the US before age 18, then it's all normal to petition for him.

The son has no status to adjust from. He can not adjust status from entering without inspection.

He must interview abroad for an immigration visa.

hi

that was before she said that they had entered illegally

[Topanga 0]

Hi.

Ok. I think I got it. And just to confirm, my son doesn't need a waiver, but he still need to go abroad for his interview before he turns 18.

Thank u all for your advice.

[aleful 1,905]

hi

correct