whatnext

thank you JERIII

so back to my original quetsion - what would you suggest we put for his 'current uscis status'

quoting from the thread Bobby posted (from the directions for the I-485, adjustment of status:)

under 10. Who Is Not Eligible to Adjust Status.

one of the sections is:

K. You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old);

And I would assume that the reason they forgive overstays with spouses is because they fall into the category of 'immediate relatives'

thanks for your reply, but he can adjust because he is considered an immediate relative.

Hi,

We are submitting the AOS/I-130 package for my stepson. He is adjusting from the VWP and unfortunately it has expired.

What do we put for Part 1 on form 485 for the question 'Current USCIS status'? Should we put 'Visa Waiver program' and then put the date on his I-94 for 'expires on'?

Thanks in advance.

Glad you got through. Going through immigration can be so stressful. I had an officer when I was flying to the UK get very pissy with me because I was visiting my boyfriend.

I guess from now on you should be armed with a letter from their mother and copies of their birth certificates.

eta: Have you considered flying them over as unaccompanied minors? It would get rid of the hassle for you.

Wow Shona, it has been a very long road for you. I wish you only the best and will keep you in my thoughts on Wednesday.

thanks so much for the quick reply.

So I assume if we live in the Vermont Service Center area, those are the processing times we look at even though we are mailing to the lockbox? Do the applications get forwarded there?

Thanks again.

Hi,

What link do I use to check the processing times after I submit AOS to the Chicago Lockbox address?

Can I check the times of EAD and AP separately?

Thanks.

Thanks for the reply. I assume we'd have to get the paperwork in before the expiration date on his I-94?

I am a longtime member here but am posting under a different username for a number of reasons, my husband's exwife being the biggest reason. I am sorry if any details are cryptic but I do not trust her.

Our situation: My husband is a permanent resident. I am the USC.

My husband's child came on the visa waiver program for his regular summer visit. The mother has said the child has been thrown out of the house for ongoing fighting with his stepfather. When he comes back from America, he is no longer allowed to live with her and her piece of %$&* husband. They threw all his belongings in trash bags right before flying over here. Everything the kid owns is in bags for him to pick up when he gets back and he is expected to leave. The mother told the child to start looking for a place before he left, and he did, so it is on record that his parents are throwing him out.

The child is 17 and essentially has nowhere to live. In his country, parents can legally throw out a child at this age. He found a house share but we are very reluctant to let him live in that situation at such a young age. There are no relatives he can live with in his country. My husband and I cannot in good conscience put this child back on a plane only to be homeless. Even if we could afford to subsidize his rent in a nice apartment in a good area (which we can't), who wants their kid out on their own at this age? He's going to have to drop out of school to work to help meet his expenses.

Anyway, I need to know what are our options to keep him here. We had no intentions of him staying as we didn't have all the details until the child was with us and he and his siblings were filling us in on the verbal and emotional abuse the stepfather has been inflicting on them all. Also, the kid at that point was having a lot of false bravado, insisting he would be fine in the houseshare and didn't want to give up school to move here. He was adamant. Now that he's here, he's petrified to go back to this situation.

Thank you if you have made it this far through this novel. We are sick with worry for this kid and would appreciate any advice.