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Child of US Citizen over 21 years of age

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  • Child of US Citizen over 21 years of age

    need help, please
    My child is 23 and in US for a year now. Came as visitor and stayed. Since over 21 how can I legalized his stay. I am US citizen.

  • #2
    need help, please
    My child is 23 and in US for a year now. Came as visitor and stayed. Since over 21 how can I legalized his stay. I am US citizen.

    Comment


    • #3
      See the following website.
      http://uscis.gov/graphics/services/residency/family.htm

      Comment


      • #4
        Thanks, I've checked the site, but its unclear to me, wheater Hi has to leave the States or He can stay here while I-130 and I -485 are pending???
        Again, I am US citizen, my son is 23, came as visitor 1.5 year ago and stayed!
        Thanks

        Comment


        • #5
          There is waiting period for your son to be eligible for adjustment of status or immigrant visa. He appears to fall into 1st family-sponsored preference. See priority dates here http://www.travel.state.gov/visa/frv...etin_2712.html

          Currently, his stay in the US is unauthorized,and he is subject to removal/deportation if found by USCIS. However, if his authorized stay expired more than 6 months (or 1 year), he'll be barred from US for 3(or 10) years if left the US.

          You should consult immigration attorney for the best strategy.

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          • #6
            Thank You!
            Any examples for the best strategies?!?!?

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            • #7
              how to find good immigration lawyer???

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              • #8
                I brought my husband's two adult children from Peru. It took six months. I was able to bring them because I was married to their father before their reached adulthood. I filled out the paperwork myself without a lawyer. If he/she is here illegally, you will have to pay a little extra. The important thing is that they are admissible, which means they didn't enter the country illegally. I went down to the immigration office and picked up all the necessary paperwork myself.

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                • #9
                  Thanks Jonnie

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                  • #10
                    Jonnie:
                    If he/she is here illegally, you will have to pay a little extra
                    to whom? USCIS or a lawyer?

                    An adult son or daughter of USC is NOT considered immediate relative of USC, meaning that they are not automaticly forgiven for overstay and work without permission.

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                    • #11
                      Ten years ago the fine to USC was $285.00. This was to avoid having to leave the country (if you are here illegally, i.e, expired visa, etc.) and re-enter again. Your children are definitely immediate relative.

                      Comment


                      • #12
                        Chrisw,
                        He's not immediate relative, in immigration terms. They are family first preference as long as they are over 21 and unmarried and subject to a wait for a visa number to become available.
                        1st Pref Currently processing most countries petitions (I130s submitted) on or before 01JAN00, 15MAY92 (mexico) and 22SEP91 (Phils).

                        When the I130 is approved and a visa becomes available pursuant to the bulletin dates above, they would have to do consular processing. I woud speak with an immigraiton attorney about the inadmissibility issue due to the overstay.
                        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                        Comment


                        • #13
                          chrisw, I have few questions for you please answer
                          them, I might be able to see what we can do to help you.

                          1- You said you are a US Citizen, How do you claim your Citizenship?

                          2- What is the Date, place of birth of your child?

                          3- Are you married to his mother?

                          Comment


                          • #14
                            I married my husband in 1981. At the time his children were minors. I brought them to the US when they were 25, even though my husband wasn't a resident or citizen at the time - because I was their stepmother. If I had married their father after they turned 18, I wouldn't have been able to bring them here so easily. It took only 6 months of paperwork and waiting.

                            Comment


                            • #15
                              Hi Adam

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