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Thread: patitioning for sons permanant residency

  1. #1
    A father just received his green card. What proceedure does he go through to patition for his 19 year old son? How long does it take and what are some of the requirements? Does he have to return to Mexico?

  2. #2
    A father just received his green card. What proceedure does he go through to patition for his 19 year old son? How long does it take and what are some of the requirements? Does he have to return to Mexico?

  3. #3
    Father files I-130 with the supporting documents (son's birth certificate..).

    Son will have to wait for an immigrant visa number to become available to him. At the moment, for that category (unmarried child under 21 of PR) - F2A, waiting time is 5 years.

    In the meantime, the son may or may not age out (child over 21 for immigration purposes). It depends on how long it will take for I-130 to be approved. The longer it takes the better!!!

    If son ages out, gets married, or father naturalizes, the category changes and the wait may be much longer.

    There is many many variables in this kind of case. The only way to know what's best is to know the options and consequences, and to follow the Visa Bulletin.

    If the son entered legaly, has been and continues to be in legal status, he may be able to adjust status in the USA. Otherwise, he would have to return to Mexico.

    Note: we are talking about the distant future here. The law may change.

    Q: how come the son did not get green card the same time as the father? Who petitioned for the father?

  4. #4
    Aneri-Thanks for the response. Sorry mine was so slow. I've been out of town.

    The father did not patition. Father was fighting deportation in court and the ruling in the final deportation hearing was favorable. The ruling was "cancellation of removal" and the legal argument was extreme hardship on other son who was born in the U.S. The immigration prosecutor did not appeal and as a result the father received his "prrmanent residency" and green card. The older son who was brought here as a 3 year old has essentually lived his life in the U.S. but has no status. He was an honor student in H.S. and wants to go to college to be a medical doctor. However very few colleges are options as long as he has no status. We pray for the "Dream Act". That is why he did not get green card when his father did.

  5. #5
    aneri

    The 3 year old son entered legally on a visitors visa and overstayed, so he is not here legally. Can the father who is a legal permanent resident petition for this son's residency? If so what are the procedures and how long does it take?

  6. #6
    I'm confused. The 3 year old is now the 19 year old? If your son has not fallen out of status then you can apply for AOS and he wouldn't have to go back to mexico but it sounds like he has since you've stated that he has overstayed his visa. If that's the case, then he would have to go back to mexico for his interview. You can petition for him so you would have to file I-130. You have to wait for that to be approved then you wait until his priority date and then you would have to apply with the consulate. You're looking at atleast 5-6 years. It's a long process.

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by herbit:
    I'm confused. The 3 year old is now the 19 year old? If your son has not fallen out of status then you can apply for AOS and he wouldn't have to go back to mexico but it sounds like he has since you've stated that he has overstayed his visa. If that's the case, then he would have to go back to mexico for his interview. You can petition for him so you would have to file I-130. You have to wait for that to be approved then you wait until his priority date and then you would have to apply with the consulate. You're looking at atleast 5-6 years. It's a long process. </div></BLOCKQUOTE>

    Well the son has a 10 year ban to serve first, outside of the US.

  8. #8
    you're right Theone but I think he can still file all the necessary paperwork while he waits in mexico.

  9. #9
    Maybe the Sen Durban/ Sen Hagel Dream Act amendment is what this young man needs to solve his problem. I hope you will all call your states Senators and express your support for this amendment. Must do this week. THANKS

  10. #10
    I should have stated "call your states U S Senators" and express your support for the Dream Act amendment put foreward by U S Senator Durban and U S Senator Hagel.

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