britsngrits1

He turns 18 in March and is his mother is aware. His paperwork won't be approved by the time March rolls around so we should all be ok on that front. There was no formal custodial agreement between them. 

Yes, I am a citizen. His husband and I have been married since '05 and he is still a LPR. I just called them again and another agent said his status can be changed while he is here on a visa waiver. However, he did say that it is easier to do it as long as his visa waiver hasn't lapsed. However, even if it has lapsed it is still OK. https://www.uscis.gov/greencard/adjustment-of-status     Due to his father being out of work the last 3 months I can't afford the fees of course.   But to get the ball rolling I am going to apply for financial hardship. I-912. 

We are hopeful that his father will be able to return to work in February. And above all, we are grateful that he is alive!

My stepson came over from England to visit us for 3 months and he is 17 years old. While he was here my husband (LPR) had a brain aneurysm and my stepson has decided he wants to stay here permanently. I called USCIS a couple of weeks ago and an agent said it was OK for him to stay in the US while we file the I-130 & I-485 forms. He has been a huge help with is dad and he doesn't want to leave. 

Today his mom in UK received an auto generated email stating his visa waiver was coming to an end so we all started to panic. I called USCIS again today and received a different answer. This agent said he had to leave the country and wait until a visa becomes available. 

I know not all of the rules are hard and fast and that people can and have changed status while on a visa waiver in the past. Can anyone point out the specific law/rule so that we can all breathe or does he have to go back? The thought of him having to leave now is awful, he is scared and I would love to offer him peace of mind. He is supposed to fly back this Saturday and that is the last thing anyone wants. 

Thank you for any help and advice!

Michele