Complicated situation.. needs some thoughts about these..

[Ben&Zian 4,398]

Thats where I am confused too... he "HAD" to immigrate in 2008, but yet doesn't have a GC while petition is still processing...lawyer says best stay in the US during it..... A lawyer would only say that is he is "out of status" so overstayed another visa type... 

[Hijessie 0]

3 minutes ago, NuestraUnion said:

How is he not a green card holder "yet" but was petitioned? Was it a k1?

 

ETA: I just read the other post after I replied. So he overstayed a visitor visa and is now trying to adjust status?

All i know is that his family applied there as immigrant ang his mother just became a USC last year 

[Unlockable 7,322]

4 minutes ago, Hijessie said:

All i know is that his family applied there as immigrant ang his mother just became a USC last year 

Then you need to get more details in order for anyone to help you.

 

If his family "applied there as immigrant" then that means he would have a green card also. Which means he can travel out of the US.

But it really sounds like only his mother has had status (a green card) and the rest of the family is living there illegally waiting for her to become a US citizen so she can petition for them to become legal.

Edited June 1, 2017 by NuestraUnion

[Boiler 47,536]

Not possible he would have to be in status to adjust status.

[Hijessie 0]

9 minutes ago, Ben&Zian said:

Thats where I am confused too... he "HAD" to immigrate in 2008, but yet doesn't have a GC while petition is still processing...lawyer says best stay in the US during it..... A lawyer would only say that is he is "out of status" so overstayed another visa type... 

Yeah he changed his visa to working visa so he can stay legally 

[Ben&Zian 4,398]

Like the rest, you need more specific information from him because it sounds odd he doesn't have a GC yet or again he did not "immigrate" back in 2008 but came here and misused another visa such as a tourist visa.

[Jojo92122 1,925]

6 minutes ago, Hijessie said:

All i know is that his family applied there as immigrant ang his mother just became a USC last year 

There is nothing that his family can apply for that would allow him to stay legally in the US for 9 years.  There is something wrong here.

 

His lack of legal status may make it hard for you and your son to obtain visitor visas.

[Ben&Zian 4,398]

That makes a bit more sense if he did. So if he is waiting for his GC, family based petition still, as for you, all you can do is try to apply for a tourist visa, but you need to always be honest when they ask why you are visiting. 

[Hijessie 0]

Just now, Jojo92122 said:

There is nothing that his family can apply for that would allow him to stay legally in the US for 9 years.  There is something wrong here.

 

His lack of legal status may make it hard for you and your son to obtain visitor visas.

I know.. it was my problem since then, gives me headache whenever i think, first time to open up this problem of mine 

[Transborderwife 4,666]

2 minutes ago, Jojo92122 said:

There is nothing that his family can apply for that would allow him to stay legally in the US for 9 years.  There is something wrong here.

 

His lack of legal status may make it hard for you and your son to obtain visitor visas.

This.

 

somethings fishy

[Jojo92122 1,925]

1 minute ago, Hijessie said:

Yeah he changed his visa to working visa so he can stay legally 

 

Not possible with a family petition.  He would need a US employer to petition for a work visa for him. 

 

Find out exactly what is going on and come back.  Without proper information, it's impossible to know how to advise you.

[Unlockable 7,322]

Do you two still have a relationship? In your first post you stated he is your bf. If so, then you definitely are a risk of immigrating in the eyes of the CO. You have his child that he wants to see and he is in the process of trying to gain permanent residency.

Edited June 1, 2017 by NuestraUnion

[Hijessie 0]

2 minutes ago, Ben&Zian said:

That makes a bit more sense if he did. So if he is waiting for his GC, family based petition still, as for you, all you can do is try to apply for a tourist visa, but you need to always be honest when they ask why you are visiting. 

I was reading some thread also, others says that dont tell that the father is in US because of the possibilities that we wont go back in our country

[Jojo92122 1,925]

5 minutes ago, Hijessie said:

I know.. it was my problem since then, gives me headache whenever i think, first time to open up this problem of mine 

Did he overstay a visitor visa?  

 

Is the reason that he can't leave the US is that he's living here illegally and is afraid of a 10 years ban if he leaves the US?

Edited June 1, 2017 by Jojo92122

[Transborderwife 4,666]

1 minute ago, Hijessie said:

I was reading some thread also, others says that dont tell that the father is in US because of the possibilities that we wont go back in our country

Lying isn't an option either