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Thread: Need help with I-485 for my son

  1. #1
    I have a question, i brought my son to usa when his I-130 was pending, but we got double nationality so he came with Spain passport, (NO VISA) in the airport they gave him three months to stay here but he still here since 2006, after that they approved his I-130 but we never get it because he was already here, by the way I'm citizen and he is my only son, now what I'm trying to do if file the form I-485 but i'm not sure what is his actual status for USCIS?

  2. #2
    I have a question, i brought my son to usa when his I-130 was pending, but we got double nationality so he came with Spain passport, (NO VISA) in the airport they gave him three months to stay here but he still here since 2006, after that they approved his I-130 but we never get it because he was already here, by the way I'm citizen and he is my only son, now what I'm trying to do if file the form I-485 but i'm not sure what is his actual status for USCIS?

  3. #3
    hi bebita,

    your son has no status in the USA, most people in similar situation write "overstay".


    Are you sure your son can adjust status? If he is not eligible, all you'll do is draw attention to his illegal presence in the USA.

    Who petitioned for your son with I-130? If that was you, were you citizen at the time?

    When I-130 was submitted?

    How old was your son at that time?

    When was I-130 approved?

  4. #4
    Your son cannot change his status in the US for two reasons: he is out of status and he came to the US on the VWP. There is one exception: if he under 21 he is deemed an immediate family member, and may be permitted to adjust. This is discretionary on the part of the examiner. If he is denied or if he is over 21, he will have to consular process. As soon as he leaves the US he will be subject to a 10 year bar and will need a waiver to return to the US. Fortunately, you are a qualifying family member for that waiver. I recommend that you hire a lawyer. My office would be happy to assist you.

  5. #5
    You need to go to the USCIS office nearest to you and have your son speak to an officer in person.

  6. #6
    i would strongly recommend that you do not go to the USCIS office nearest you, as your son will be immediately arrested. He is deemed an overstay and subject to immediate removal. Because he entered the US on the VWP, he cannot get a bond, and will have to sit in jail until he is physically moved out of the US. Whoever posted the advice urging you to go the USCIS office must be a government agent, I cannot imagine that anyone with any immigration experience would give you such dangerous advice.

  7. #7
    Federale86 always gives pro-American advice!

  8. #8
    svetlana schreiber, federale86 or fedNUT as I call him regularly gives bad and plain wrong advice on here sometimes deliberately. He is an anti-immigrant supporter, the kind who frequents FAIRUS.org and ALIPAC. Now you know.

    To bebita, your son is now out of status. svetlana schreiber and aneri are correct.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  9. #9
    Only a commie h.omo chav would consider the enforcement of the laws of the United States, which you took an oath to uphold, is somehow nutty.

  10. #10
    I am pretty sure he will need the I-601 waiver because of his illegal presence.. someone please correct me if that is not true..

    You should consult with a good lawyer one I suggest is Laurel Scott or Ana Schwartz both in Texas but taking cases from anywhere in the country..

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