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renny745

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    sposoring son

    in Bringing Family Members of Permanent Residents to America

    Posted

    Your son is eligible for a visa, an F2A visa. IMO, you're running around in circles.

    I would file as a permanent resident and instead of consular processing, and going back to the country, the lawyer will use the i-601 so my son can adjust in the U.S. under f2a category.

    "Purpose of Form :

    An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this form to seek a waiver of certain grounds of inadmissibility." uscis

    He is already in the u.s. , i will file for him, and use the 601 so he wouldnt have to go back to our country for consular processing, and itll let him adjust in the u.s.

    sposoring son

    in Bringing Family Members of Permanent Residents to America

    Posted

    Sounds like he is talking about an in country I 601.

    I do not see how it is applicable in this case.

    I would file as a permanent resident and instead of consular processing, and going back to the country, the lawyer will use the i-601 so my son can adjust in the U.S. under f2a category.

    "Purpose of Form :

    An alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible, must file this form to seek a waiver of certain grounds of inadmissibility." uscis

    Child Aging Out? CSPA may help

    in Bringing Family Members of Permanent Residents to America

    Posted

    Yes CSPA can help in your case. As a permanent resident, you can still file a petition for your underage unmarried son/daughter under the category of F2A and being underage will protect your son from "aging out" when he turns 21. But upon becoming 21, his category will be switched to F2B. This is when the CSPA will have to be applied in his case to retain his status. Also, if you become a citizen, during this time, the category can be changed for your son to speed up the process.

    Please refer to the link: http://goo.gl/clCtN

    Also, when did you gain your permanent resident status (LPR)?

    Let me know if that explains.

    I will become a citizen around a year after he turns 21,would cspa be able to help get his age under twenty one by the time i become a citizen? , I gained LPR October 16,2012

    CSPA

    in Bringing Family Members of Permanent Residents to America

    Posted

    No. The rules are different for family preference and immediate relative cases. For family preference cases they wait until the priority date is current, and then they deduct the processing time from the beneficiary's age and lock their age on that date for one year. For immediate relative cases they lock the beneficiary's age on the date the petition is received or the date the petitioner becomes a US citizen, whichever date effectively makes it an immediate relative case. Processing time is irrelevant in immediate relative cases. What you're effectively expecting the government to do is retroactively qualify your son as an immediate relative on a date that was before you became a US citizen. They won't do that. They will only subtract the time the petition was pending if the visa category is subject to annual numerical limits, and that doesn't apply to immediate relative cases.

    Based on what's been said in this thread so far...

    If you file the I-130 now then his visa category will be F2A. His priority date is going to be current in the F2A category before he's 21 years old, so he'll be eligible to apply for a visa in that category. However, because F2A is not an immediate relative category, he can't adjust status in the US unless he has maintained his non-immigrant status since his arrival. He has not, so that's moot.

    What you're hoping for is to become a US citizen before he ages out so that he can adjust as an IR2, and then his overstay won't matter. According to the dates you gave in the other thread, you're going to be eligible to become a US citizen in October of 2017. Your son is going to become 21 years old in November of 2016 - nearly a year before you're eligible to become a US citizen. He won't be able to adjust status as an IR2. His petition will become an F1, which again is a family preference visa category.

    So, unless your son marries a US citizen, he is going to be in a family preference visa category regardless. This makes adjustment of status within the US impossible. If he stays in the US after he's 18 years old then he begins to accumulate unlawful presence. The fact that he's applied for deferred action won't change this - it will only protect him from deportation for a limited amount of time. If he accumulates more than 180 days of unlawful presence then he'll incur a ban of three years when he leaves the US. If he accumulates more than 1 year of unlawful presence then he'll incur a ban of 10 years when he leaves the US. It's difficult to get those bans waived, especially for an adult son.

    On the other hand, if he leaves before he's 18 then he shouldn't have to remain outside the US for more than a year before his priority date will be current in the F2A category, and he'll be able to get a visa. This is the safest path by a wide margin.

    Regarding your attorney: Either you're not laying all your cards on the table with the lawyer, or you're getting some faulty advice. Not all attorneys have your best interests in mind. Some don't really care if you fail, even if it's because they gave you bad advice, because they make more money with appeals and appearances in immigration court. I suggest you consult with at least one more attorney.

    but the deferred action can be renewed.

    Sponsor family

    in Bringing Family Members of Permanent Residents to America

    Posted

    How about answering the questions posed to you by other VJ members who are trying to help you on this EXACT SAME SUBJECT?????

    And please stop creating different threads on the same subject. You do not need three separate threads asking questions on the same subject.

    HOW DID YOU GET YOUR GREEN CARD????? IT MATTERS BECAUSE IT TAKES 2-3 YEARS FOR YOU TO PETITION FOR YOUR KIDS. IT MAY BE FASTER IF THERE IS A US CITIZEN STEPFATHER.

    Answer the questions if you want the correct answers.

    http://www.visajourney.com/forums/topic/391916-sponsor-son/page__p__5727017#entry5727017

    http://www.visajourney.com/forums/topic/394864-sposoring-son/

    i didnt answer them cause you guys already gave me answers, i just wanted some other opinions, if that bothers you just dont comment.

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