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Immigration Law Question --- US CITIZEN PARENT

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  • Immigration Law Question --- US CITIZEN PARENT

    My friend entered 7 years ago with an B-2 visa and stayed. His mother just became a citizen, can she now petition him? Would he be able to stay here in the US while being petition? He is single over 21.

  • #2
    My friend entered 7 years ago with an B-2 visa and stayed. His mother just became a citizen, can she now petition him? Would he be able to stay here in the US while being petition? He is single over 21.

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    • #3
      Yes, the ????? alien's mother can petition for him.

      No, he cannot remain in America during this process.

      What part of of being admitted as a TOURIST did your so-called friend not understand????

      Comment


      • #4
        She could have petitioned him before, Webster, so she certainly can now.

        He would be eligible for adjustment of status, however he has about a seven year wait for a visa number to become available.

        Remember, new rules around here, so add "Immigration Law Question" to your title.
        **************************************
        The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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        • #5
          Actually, this illegal alien would not be eligible for Adjustment of Status.

          AOS is only available to illegal aliens who are immediate relatives of U.S. citizens, and the illegal alien must also have entered the country legally (with inspection).

          This particular illegal is NOT the immediate relative of a U.S. citizen for immigration purposes, and is, therefore, not eligible for AOS.

          I guess that remaining in America illegally must have seemed like a good idea at the time!

          How did the mother become a citizen while she was harboring an illegal????

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          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SunDevilUSA:
            Actually, this illegal alien would not be eligible for Adjustment of Status.

            How did the mother become a citizen while she was harboring an illegal???? </div></BLOCKQUOTE>

            Sundevilish, why are you questioning the mother's immigration status? You are not conluding that she must have gotten her citizenship fradulently, are you? Before you start talking from the other side of your nasty mouth, do you the idiot who made the statement below in another thread?


            "Actually......I am pro-immigration."

            Comment


            • #7
              Thanks Aroha for your reply, also I did put on the Question: Immigration Law Question. Thanks again for your reply.<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aroha:
              She could have petitioned him before, Webster, so she certainly can now.

              He would be eligible for adjustment of status, however he has about a seven year wait for a visa number to become available.

              Remember, new rules around here, so add "Immigration Law Question" to your title. </div></BLOCKQUOTE>

              Comment


              • #8
                This link may help.

                If he'd entered with a visa waiver, or entered without inspection, it would be true that he couldn't adjust. But neither is the case here.
                **************************************
                The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

                Comment


                • #9
                  Aroha: You're giving incorrect advice.

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">This particular illegal is NOT the immediate relative of a U.S. citizen for immigration purposes, and is, therefore, not eligible for AOS. </div></BLOCKQUOTE>

                    Wrong DevilDoll. A mother/son relationship IS an immediate relative so yes he can do AoS here.
                    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                    Comment


                    • #11
                      The son is no longer considered an "immediate relative" since he's over 21. His category is now F1 and a visa is not immediately available.

                      Comment


                      • #12
                        If I am, then USCIS is too. And they're not following their own rules, since my neighbors just did it for their daughter.

                        Proud, while a visa number isn't immediately available, it doesn't mean an adjustment isn't possible once it is. Of course, in the meantime, he stays out of status and is subject to action from ICE.
                        **************************************
                        The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

                        Comment


                        • #13
                          Correct Aroha. As you state, they might decide to take action on the son him being out of status. That is likely the bigger problem.
                          "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                          Comment


                          • #14
                            I wasn't saying it isn't possible for Webster's friend to adjust status in the US, but being over 21 makes it a bit more challenging. His friend needs to stay under the radar until his visa number becomes available.

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