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  • Adult child over 21

    Hello there, just found this site and was wondering if I could get some advise.

    I came to this country a few years back on an F1 visa (before the days of sevis). That has now expired leaving me out of status. My mother just got her citizenship early this year, and we were wondering if I would fall under the 'adult unmarried child over the age of 21', or if my status would have too much of a negative impact on this.

    Please, any information would be highly appreciated.

    Thanks!

  • #2
    Hello there, just found this site and was wondering if I could get some advise.

    I came to this country a few years back on an F1 visa (before the days of sevis). That has now expired leaving me out of status. My mother just got her citizenship early this year, and we were wondering if I would fall under the 'adult unmarried child over the age of 21', or if my status would have too much of a negative impact on this.

    Please, any information would be highly appreciated.

    Thanks!

    Comment


    • #3
      to ILW Topaz



      Follow this link and all will be explained about usc and family preferences.



      http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb9...CM10000045f3d6a1RCRD

      Comment


      • #4
        im in the same situation. My husband is a permanent resident and wants to sponsor his son of 21 years of age. I understand the wait will be longer due him not being a citizen. Can his son apply for a work permit while waiting for his status change?

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        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by oniz:
          im in the same situation. My husband is a permanent resident and wants to sponsor his son of 21 years of age. I understand the wait will be longer due him not being a citizen. Can his son apply for a work permit while waiting for his status change? </div></BLOCKQUOTE>

          No, sorry. It will happen only as part of his son's status change when his priority date becomes current. Tell him to file Form I-130 as soon as possible for his son. When he becomes USC, he may upgrade the petition (if necessary, depending on what country). If his son is in the US (holding no valid nonimmigrant visa), it's a whole lot more complicated. Or if he's your step-son and you're a USC, you can rather file the petition for him.

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          • #6
            I am a us citizen and my stepson did come here with a valid us visa 10 years ago. Since he is 21 (turned 21 in june) can i still sponsor him?

            Comment


            • #7
              So he came here at age 11? Pray for DREAM to pass. It's an uphill battle, it's faced up with a blind foe, but who knows? He has already accrued more than three years of unauthorized presence. Haven't you filed anything on his behalf before April 30, 2001? Did his father gain immigration status because of you? If so, when did you file the Form I-130 petition for his father? Please answer all these questions and we'll see how we could navigate your stepson's way out of this trap.

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              • #8
                my husband and i didnt have enough money to get married before so we just got married this year and i filed for his I-130 for my husband around march.

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                • #9
                  oniz - as I undertand the law and your timeline, you can't sponsor your husband's son since there was no step-parent / step-child relationship before the son turned 18.

                  Your husband, as permanent resident, may petition for his son. However, the wait for that category is a long one.. and in addition, son, (if he is an overstay like it sounds) can NOT adjust status in the USA. He would have to get his visa at the consulate in home country. That means he would have to leave the USA, and the moment he does that, the 10 year bar on returning, because of the overstay of more than 1 year after his 18th birthday, will start. Son will have to prove to the consulate that his father would suffer an extreme hardship if he is not given a visa to return to the USA before 10 years are up (waiver).

                  Comment


                  • #10
                    Yes, that's right, you understood the law correctly per Section 101(b)(1)(B) of the Act. I had the initial impression that the marriage took place three years ago or more, that's why I asked if he's her stepson. So this is yet another case why DREAM should be enacted. It's the humanitarian aspect of present-day immigration realities. The son was brought in here as a child, and established his roots. Sending him out for consular processing is a death-defying feat. Form I-601 to obviate the 10-year bar is a bitter "medicine" to swallow, making people in same exact situation to just keep the "disease" of staying put.

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                    • #11
                      I doubt if they will bar him because he came as a minor. I would file now and you can as his step mother and a USC. AS for the F1 you will be out of status for a long while probably 6-7 years and your priority date will take about 4 - 5 years before you could even get a work permit. But make sure you file 1-130 straight away it could be that there will be some change with immigration after the election.

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                      • #12
                        thnx to everybody for their help. so far the only thing we have filed out is the 1-130 but have not sent it yet because we want to be sure that there won't be any problems along the way. I dont quite understand what the form I-601 does besides charge for another fee, can someone explain this to me more, does it mean it voids the 10 year bar?

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                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by traveler:
                          I doubt if they will bar him because he came as a minor. I would file now and you can as his step mother and a USC. </div></BLOCKQUOTE> but he stayed without the authorisation after the age of 18, so the bar does apply. Oniz did not legaly become his step-mother before he was 18, so she can't petition him.

                          The form I-601 is a request to waive (void) the bar and has to be accompanied by a letter. The letter should state all the reasons WHY the USCIS should waive/void the bar. The bar is waived only if the applicant proves that his USC/PR parent/spouse would suffer extreme hardship if he is not allowed to return to the USA in less than 10 years.

                          NeedHelpFast collected and posted some letters on this board. http://discuss.ilw.com/eve/forums/a/tpc/f/902603441/m/7...10240141#10110240141
                          http://discuss.ilw.com/eve/forums/a/...6910240141/p/1

                          I-601 is filled with the consulate after the interview and visa denial. So there is a lot of time...

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                          • #14
                            wow this is really sad news. thnx for your help people

                            Comment


                            • #15
                              sorry to bring this up again but i have another question; why didnt my husband get the 10 year bar since he came with his son and overstayed his visa? thnx!

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