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Thread: family based immigration for unmarried son

  1. #1
    I am a LPR and my 30 year old unmarried son
    is here on B2 visa and his I 94 is valid for two more months :

    My questions are
    1) can i sponsor him for a GC since i am a permanant resident myself ?
    2) can he obtain an EAD on that basis ?
    3) How much tax should one have filed to be able to sponsor someone for I 130 ?
    4) My son wants to adjust his status here and he can take admission into a masters program should he change his status to student and then i should file for hiS i 130 ?

    please help

  2. #2
    I am a LPR and my 30 year old unmarried son
    is here on B2 visa and his I 94 is valid for two more months :

    My questions are
    1) can i sponsor him for a GC since i am a permanant resident myself ?
    2) can he obtain an EAD on that basis ?
    3) How much tax should one have filed to be able to sponsor someone for I 130 ?
    4) My son wants to adjust his status here and he can take admission into a masters program should he change his status to student and then i should file for hiS i 130 ?

    please help

  3. #3
    As long as he is unmarried, I think you can still sponsor him. Good luck!

  4. #4
    can he adjust his status here if i file his i 130 ?

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by niv:
    can he adjust his status here if i file his i 130 ? </div></BLOCKQUOTE>

    No he can not adjust his status. He has to wait till his visa number is available. The waiting time starts when the I-130 is approved.

    How long? depends on his country of origin.

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I am a LPR and my 30 year old unmarried son
    is here on B2 visa and his I 94 is valid for two more months : </div></BLOCKQUOTE>

    Speed is correct, the OP is not a USC but in theory, if he maintained legal status and provided no misrepresentation occurred, he "could" be eligible for AOS, but chances are very slim given the enormous backlogs related to the priority categories.

    -THIS IS NOT LEGAL ADVICE-

  7. #7

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  8. #8
    NIV,

    i say to print out the I-130 application as soon as you can and fill it out fast. the way it is is that you can sponsor him with a greencard status whether your son is here or out. Your son would be on category 2b (greencard parent sponsoring an unmarried child over 21). that means that the process may take about 10 years of waiting before a visa becomes available and your son can adjust status. if your son plans to stay in the states for all that time waiting, make sure he stays legally in the u.s...you mentioned he is going to go back to school, so that buys extra time, and maybe after graduating, get a H1B visa for work, because to sponsor him will take that long....

    let me give you a website and get to know this website and check back monthly:

    http://travel.state.gov/visa/frvi/bu...etin_4310.html

    get to know the first table as you scroll down..on the left column are the categores (scroll up and read where it says "family-sponsored preferences)..(you would be under category 2b)... the dates you see are called "priority date." this means that is the date when you submit the I130 and immigration received the I130. people can adjust status once the prioirty date becomes current... (basically submit the I-485 and EAD application and travel documents)..unfortunately, if you're just filling out the I-130, he is unable to submit an EAD application until his priority date becomes current...

    as you can see, if you're from mexico or the philippines, the waiting time is wayyyy longer...

    now let me warn you that immigration do not have to increase the date exponentially as you check monthly.. they can stay on one date for monthsssssss or they can retrogress...

    if your son meets and marries someone who is not a us citizen nor greencard holder while his petition is pending, he would change category from 2b to 3 (married children of citizens)..you would see the date on the table of the website i gave you.

    now, if you become a us citizen while his I130 is pending, your son's category goes from 2b to 1 (us citizen parents sponsoring unmarried children over 21). this is not automatic, you would have to contact immigration and follow directions...

    so to answer your question,
    apply for I130 now as a greencard holder..no matter if under the B2 visa or student visa...he would not get an EAD card until his "date" becomes current and he applies for adjustment of status...

  9. #9
    thanks idhungw , that answers most of my questions ; anyone else with a different opinion please let me know . thanks

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by niv:
    thanks idhungw , that answers most of my questions ; anyone else with a different opinion please let me know . thanks </div></BLOCKQUOTE>

    Hello NIV

    Welcome to Ilw

    It is not about different opinions or opinions here NIV, You have been given the facts and that is the only thing that uscis goes on and uses as criteria. IDHUNGW has been kind enough to give you the proper information that explains how things work.

    When will you become a USC? This will speed things up a little, but as you can see from the chart that we are talking YEARSSSSS!


    Just be happy that he was able to obtain a b2 to visit. Did he disclose tht his mother was here in the usa? And was that the purpose of his visit along with the tourism? If he was not truthful about you, it will be a problem in the future, as it will be considered visa fraud.

    Make sure that he does not overstay to become illegal.

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