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Permanent Resident sponsoring 21 year old son

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  • Permanent Resident sponsoring 21 year old son

    Hello, I am a permanent resident and I would like to sponsor my 21 year old son. How can I do this? and How long can it take? Thank you.

  • #2
    Hello, I am a permanent resident and I would like to sponsor my 21 year old son. How can I do this? and How long can it take? Thank you.


    • #3
      I have similar question. In my case the son is in U.S. without documentation and is 19. He has been here since he was 3. He was honor student in H.S. and now wants to go to medical school but has few to no opportunities for college. So I will be interested in responsesw to your post.


      • #4
        PR should file I-130 for his/her son to start the process. Son will be in category Family 2B. That means, he will have to wait for an immigrant visa number to become available before he can adjust status in the USA or get an immigrant visa in a consulate.

        Depending on the country of origin, wait is between 9 - 15 years.

        A beneficiary (son) can't adjust status (become PR without leaving the USA)if he has no legal status in the USA, entered without inspection etc.

        If a petitioner (oniz, chuck) becomes US citizen, the petition can be upgraded to Family 1, where the wait is 6 -15 years (depending on country).

        Chuck, your son is 19. As I tried to explain to you before, he would now be in category Family 2A ( 5 year wait), but he may age out (>21 at the time visa number becomes available = real age when visa # is available -(minus) number of days I-130 was pending), and be "thrown" into 2B. In addition, after the age of 18, he started to accumulate overstay for the purpose of getting ban on return once he leaves the USA. Since he has no legal status, he can't adjust to PR in the USA; he would have to go through consular processing, be denied visa for overstay, file waiver proving extreme hardship to parents in USA and have it approved, before he could get an immigrant visa and return. (that's based on info you provided i.e. son is not covered by 245i).


        • #5
          Im sorry but im not quite understanding this. My son came here legally and over stayed his visa. He is now 21 years old (turned 21 in June) and he must return to his native country to do this? Another thing is that I did not find the country (peru) in the wait list link.


          • #6
            Oniz: Yes, if you sponsor your son for permanent residency, he MUST return to his country-of-origin. Your son may have come to America legally, but he is, nonetheless, an illegal alien. The direct consequence for having disregarded the law and America's sovereignty is that he is unable to adjust his status to permanent resident while remaining in the United States.

            When your son returns to his country-of-origin to undergo Consular processing, his application will be denied because he is subject to a ten-year bar against reentry. At that point, various waiver applications will be filed...and said waivers may or may not be successful.

            I guess that it all seemed soooo easy just to immigrate to America using your tourist visas...but, that isn't the case in reality - as you're about to discover.


            • #7
              An underage Alien is not punishable of overstaying until they are 18 years old. Since your son is 19 he has been an illegal alien in the laws eyes for 1 year. This bars him from adjusting status to a Permanent Resident while in the US UNLESS some kind of regulation is put into place like an Amnesty which would likely then allow people in his situation to apply (like in the last one under Bill Clinton).
              AS properly put by SunDevilUSA, your son will face the 10 year bar if he leaves the US.
              A waiver of ineligibility is usually granted when a US citizen family member is involved and the bar the immigrant faces would put great hardship on the Us citizen(this particularly works when a US citizen minor child is involved).


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