Unlawful resident adjusting Status?

[Jazzynta 0]

If a man entered USA, without Visa, he is already there for more than 17 years. Recently his US Citizen son applied the I-130 relative petition for him, and it got approved, but he received a notification telling him that the consular interview, will be out of USA, is possible to apply for Adjustment of Status I-485 so in that way have the consular interview, inside the USA?

[Transborderwife 4,666]

If he entered without entry, no he cannot adjust in country.  He will need a waiver for overstay and interview/medical in his own country 

[f f 725]

if he entered legally he can adjust inside the us if he snuck across the boarder he will have to get an immigrant visa outside the country. he should also look into wavers since being in the us for anything over a year gets a 10 year bar from coming back and the 10 years starts when he leaves. consult with an immigration lawyer on this case.

Edited May 26, 2017 by f f

[Jazzynta 0]

Thank you so much for your answers and your time!

[aleful 1,905]

unless he has a USC or LPR spouse or parent, there are no waivers for parents if petitioned by children

 

there are no waivers for parents, so if he leaves, he will get a 10 year ban, he can't adjust status in the US since he entered illegally to the US

 

so not worth continuing the petition

 

his son wasted time and money. he should have found out about the process before sending the form

 

 

[Jazzynta 0]

Aleful,

    I don't know!!~~ I thought using the I-601... BUT  later on I discover the I-601 A..... I was reading that the I-601A  Temporary Unlawful presence waiver is used in this case, and in the information at USCIS says: ---"Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers  before they leave the United States for their consular interview.  On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.--"

 

Im putting the link: https://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

 

But what you said is that... that one the I-601A is of no use?   

[aleful 1,905]

neither of them, the instructions state who can file the waiver

 

the waiver is for usc or lpr spouses or parents or usc fiance

 

 

[jan22 3,190]

12 hours ago, Jazzynta said:

Aleful,

    I don't know!!~~ I thought using the I-601... BUT  later on I discover the I-601 A..... I was reading that the I-601A  Temporary Unlawful presence waiver is used in this case, and in the information at USCIS says: ---"Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children and parents) of U.S. citizens can apply for provisional unlawful presence waivers  before they leave the United States for their consular interview.  On August 29, 2016, the provisional unlawful presence waiver process was expanded to all individuals statutorily eligible for an immigrant visa and a waiver of inadmissibility for unlawful presence in the United States.--"

 

Im putting the link: https://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

 

But what you said is that... that one the I-601A is of no use?   

If you read further in the link you provided, under "Eligibility Requirements", one of the requirements is that you must prove there will be extreme hardship to the US citizen or LPR spouse or parent of the beneficiary if the beneficiary is not admitted into the US.  So, unless the petitioner's father also has a US citizen (or LPR) spouse or parent in the US in addition to his US citizen son, there is no waiver available.  The only option would be to leave the US for ten years, the length of the ineligibility for more than one year of unlawful presence.

 

 

Edited May 27, 2017 by jan22

[goblin 26]

How could he have been approved? Is it because the US government did not know that person is in the country? On top of all, under federal criminal US law "improper entry" is misdemeanor and you would have to honestly answer the question, have you ever broken the law.

 

 

[geowrian 22,344]

1 hour ago, goblin said:

How could he have been approved? Is it because the US government did not know that person is in the country? On top of all, under federal criminal US law "improper entry" is misdemeanor and you would have to honestly answer the question, have you ever broken the law.

It's possible they don't know where he is located. But either way, the petition only establishes the legal relationship. Somebody who is not currently admissible for a visa can be approved fine (and many times are) for the I-130 since it doesn't look at those factors.

 

He must leave the US to interview for the visa. Upon leaving, he will incur a 10 year bar for unlawful presence over 1 year. He will then be refused the visa (assuming he otherwise is qualified for it), but the refusal will permit a valid waiver. Unfortunately, he has no means of qualifying for said waiver.

[jan22 3,190]

1 hour ago, goblin said:

How could he have been approved? Is it because the US government did not know that person is in the country? On top of all, under federal criminal US law "improper entry" is misdemeanor and you would have to honestly answer the question, have you ever broken the law.

 

 

The I-130 is basically about proving the qualifying relationship (i.e., that they are married).  Most misdemeanors do not result in crimInal ineligibilities.  If they do, that is determined at the vIsa interview, not by USCIS

[Jazzynta 0]

Jan 22 and Geowrian thank you so much for the explaining... it's so much clearer now

I guess there is not much to do...