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Child of US Citizen over 21 years of age

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  • #16
    Hi Adam,
    1 - Naturalization
    2 - Feb. 28 1983 - Poland
    3 - No, we are divorced

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    • #17
      Jonnie: Now the fine is $1000.00, Yes you can file the Petition to bring the your step children before he reaches 21 years of age. Petition must be file while the child is minor
      As soon as the child cross the age of 21 years he is no more a child nor a minor.
      Then that petition becomes the family first preference.

      chrisw: Best bet will be to file I-130 for your son right away as soon as it is approved file I-485 for adjustment of status.

      I know that some one had file I-130 for their one child while he was a student he waited for long time by that time he had completed his masters since his number was not moving so he took a job out side of the US. and still his number is not near he is a son of a USC also.

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      • #18
        On I-130, you have to write the date I-94 expires! Will they aprove the form knowing that he overstayed year and a half?

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        • #19
          Chrisw,

          If you can prove you are US citizen and the father of the I-130 beneficiary, the form will be approved. The overstay problem will arise once the immigration visa number becomes available to your son. He will not be able to adjust status in the US and if he leaves the US to go through consular processing, he'll be bared from re-entry for 10 years.

          Jonnie - 10 years ago the law was different.
          FSN - $1000 fine ( if not eligible to adjust status in the US) is for those who filed paperwork before April 31, 2001.

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          • #20
            aneri: Yes you are correct $1000.00 is for those who had filed I-130 before April 31, 2001.

            I am sorry, and thank you for correctiong.

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            • #21
              Thank you all guys!!! So, it looks like there is no hope for my son to legalize his stay!?

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