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Urgent advice needed for son to stay in US!!!

Urgent advice needed for son to stay in US!!!

Old Nov 20th 2009, 5:59 pm
  #16  
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Default Re: Urgent advice needed for son to stay in US!!!

Originally Posted by Folinskyinla View Post
Hi:

I would recommend you consult with a qualified immigration attorney. This may or may not be a complicated case and some issues really should not be discussed publicly on line but are perfectly appropriate in the context of a lawyer's office.

If you married your AmCit spouse before your son turned 18, then he is the "step-son" of your AmCit spouse and will be an "immediate relative." Your spouse would have to do the I-130. This will be in the same category as an "immediate relative spouse" -- other than the petitioner's G-325A form, it is identical to the marriage application.

YOUR I-130 is for now for a "FB-2A" classification. Notionally speaking, it will convert to "FB-2B" when he reaches 21. I put in the caveat because the Child Status Protection Act will affect that -- to what extent we don't know. [In your case you do not want USCIS to act expeditiously. If they put that petition on the back burner for four or five years, it will be a blessing. Please do not ask why -- CSPA gives me headaches].

When you become a US Citizen, the FB-2 petition will convert to the category to the appropriate classification. Again, the reason for the wishy-washy language -- the operation of CSPA may make him an "immediate relative" child under 21. If not, he will shift from FB-2 to FB-1 which usually has a shorter waiting list. However, CSPA gives your son the option of ignoring your naturalization if it is to his advantage.

You mention an admission of 90 days. If he has the green I-94W, that is a "VWP" admission and there is no extension allowed. Period. However, adjustment as an "immediate relative" is allowed. However, that opens up another "can of worms" which are best discussed in the privacy of an attorney's office.
Again thanks for taking the time to give me all of this information. Can you recommend the best way to source a good attorney in Colorado?
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Old Nov 20th 2009, 6:05 pm
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Default Re: Urgent advice needed for son to stay in US!!!

Everyone has been asking you whether you married before the child turned 18, but you won't say. This is the single most important factor - why don't you tell us?

Originally Posted by Monkeymoke View Post
Again thanks for taking the time to give me all of this information. Can you recommend the best way to source a good attorney in Colorado?
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Old Nov 20th 2009, 6:11 pm
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Default Re: Urgent advice needed for son to stay in US!!!

Originally Posted by dreamercon View Post
Everyone has been asking you whether you married before the child turned 18, but you won't say. This is the single most important factor - why don't you tell us?
I apologise I am not hiding anything just trying to absorb all of the information, I have been married for nearly 8 years so definitely before my son was 18.
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Old Nov 20th 2009, 6:13 pm
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Default Re: Urgent advice needed for son to stay in US!!!

Originally Posted by Monkeymoke View Post
I apologise I am not hiding anything just trying to absorb all of the information, I have been married for nearly 8 years so definitely before my son was 18.
I really just want him to be able to stay with me in the US, I presumed rather naively, that him being under 21 and a minor that there was someway he would be able to live in the US while his visa was being sorted out.
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Old Nov 20th 2009, 6:16 pm
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Default Re: Urgent advice needed for son to stay in US!!!

Originally Posted by Monkeymoke View Post
I apologise I am not hiding anything just trying to absorb all of the information, I have been married for nearly 8 years so definitely before my son was 18.
BTW we married in the UK if this makes any difference?
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Old Nov 20th 2009, 6:18 pm
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Default Re: Urgent advice needed for son to stay in US!!!

Originally Posted by Monkeymoke View Post
I really just want him to be able to stay with me in the US, I presumed rather naively, that him being under 21 and a minor that there was someway he would be able to live in the US while his visa was being sorted out.
Maybe there is, Mr F has told you what to do "speak to a Lawyer". I am sure someone will be along shortly to tell you the best way to find one.
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Old Nov 20th 2009, 6:18 pm
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Default Re: Urgent advice needed for son to stay in US!!!

Originally Posted by Monkeymoke View Post
BTW we married in the UK if this makes any difference?
No, it doesn't matter where the marriage took place. An immigration attorney will have some suggestions and options for you, I am sure. Make an appointment today, to see one ASAP.

If you need a place to start looking, try www.ailalawyer.com.

Rene
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Old Nov 20th 2009, 7:16 pm
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Default Re: Urgent advice needed for son to stay in US!!!

Originally Posted by Monkeymoke View Post
a) At present he is only assisting the coaches,

b) He/we would not jepordise his visa for the US by doing paid work

c) I do hope that this is within his rights as a visitor to the States.
What Rene is trying hard to point out to you is:

a) That sounds like it's still 'work' even if it's unpaid, and therefore could be illegal as he entered under the VWP. Even unpaid work is not allowed, under some circumstances. The question is whether the club would ever accept someone else in this position as a permanent unpaid volunteer. I suspect it's unlikely that that would happen.

b) He may have already done so. As he can't undo it, you/he will just need to honest if asked about it during the application process and hope that USCIS rule in your favour.

c) It may be, it may not be. You will find out should you apply for a visa for him.

Don't take this aspect of things lightly. If they consider that he has worked while on the VWP, he's off to a very bad start as regards obtaining legal status here.

Last edited by BritishGuy36; Nov 20th 2009 at 7:21 pm.
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Old Nov 20th 2009, 7:19 pm
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Default Re: Urgent advice needed for son to stay in US!!!

Originally Posted by Monkeymoke View Post
I really just want him to be able to stay with me in the US, I presumed rather naively, that him being under 21 and a minor that there was someway he would be able to live in the US while his visa was being sorted out.
You're not alone, many people presume a lot of things about entry into the US and/or getting visas and/or what you need to live here legally.

What you must do is make sure that he leaves the US before his VWP is up so that he doesn't overstay, while the visa is processed. If he does not do so he may end up with a lifetime of having difficulties entering the country.
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Old Nov 20th 2009, 7:49 pm
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Default Re: Urgent advice needed for son to stay in US!!!

Originally Posted by BritishGuy36 View Post
What Rene is trying hard to point out to you is:

a) That sounds like it's still 'work' even if it's unpaid, and therefore could be illegal as he entered under the VWP. Even unpaid work is not allowed, under some circumstances. The question is whether the club would ever accept someone else in this position as a permanent unpaid volunteer. I suspect it's unlikely that that would happen.

b) He may have already done so. As he can't undo it, you/he will just need to honest if asked about it during the application process and hope that USCIS rule in your favour.

c) It may be, it may not be. You will find out should you apply for a visa for him.

Don't take this aspect of things lightly. If they consider that he has worked while on the VWP, he's off to a very bad start as regards obtaining legal status here.
You are absolutely right, I really really didn't think that him helping boys kick a football would affect his application to stay in the states and will get him to stop asap. I do appreciate you taking the time to let me know of such things and shouldn't presume or take things so lightly. He does have a return ticket and I will make sure that he is on the plane if there is no other way of him staying. I am currently trying to secure a lawyers appointment for early next week.
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Old Nov 20th 2009, 8:15 pm
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Default Re: Urgent advice needed for son to stay in US!!!

Originally Posted by Monkeymoke View Post
You are absolutely right, I really really didn't think that him helping boys kick a football would affect his application to stay in the states and will get him to stop asap. I do appreciate you taking the time to let me know of such things and shouldn't presume or take things so lightly. He does have a return ticket and I will make sure that he is on the plane if there is no other way of him staying. I am currently trying to secure a lawyers appointment for early next week.
Hi:

You are dealing with Thanksgiving week as you well know. However, many of the responses here may very well lead you astray -- they have me cringing, to be honest.
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Old Nov 20th 2009, 10:36 pm
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Default Re: Urgent advice needed for son to stay in US!!!

To Monkeymoke -

Note that Mr. Folinsky is an immigration lawyer (he's just not your lawyer). So pay attention to what he says more than the rest of us.

- Eric S.
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Old Nov 20th 2009, 10:40 pm
  #28  
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Default Re: Urgent advice needed for son to stay in US!!!

Originally Posted by BritishGuy36 View Post
What Rene is trying hard to point out to you is:

a) That sounds like it's still 'work' even if it's unpaid, and therefore could be illegal as he entered under the VWP. Even unpaid work is not allowed, under some circumstances. The question is whether the club would ever accept someone else in this position as a permanent unpaid volunteer. I suspect it's unlikely that that would happen.

b) He may have already done so. As he can't undo it, you/he will just need to honest if asked about it during the application process and hope that USCIS rule in your favour.

c) It may be, it may not be. You will find out should you apply for a visa for him.

Don't take this aspect of things lightly. If they consider that he has worked while on the VWP, he's off to a very bad start as regards obtaining legal status here.

At the same time he is not under any obligation to incriminate himself or admit to a non-existent offence. There is a "gray zone" between what is work and volunteering and it's not the role of this forum to pronounce on it without knowing the circumstances.

An attorney should be able to advise on the finer details.

Last edited by JAJ; Nov 20th 2009 at 10:43 pm.
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Old Nov 20th 2009, 10:49 pm
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Default Re: Urgent advice needed for son to stay in US!!!

Originally Posted by Monkeymoke View Post
Again thanks for taking the time to give me all of this information. Can you recommend the best way to source a good attorney in Colorado?
We used Robert G Heiserman, downtown Denver for my AOS*. However, this was 11/12 years ago now. They were very professional and courteous -this may have been due to the fact I was paying them though


* - for those interested, yes, it was a (completely unwitting) ten foot pole jobbie. And yes, since joining this site I shudder to think what might have happened, looking back!
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Old Nov 20th 2009, 10:53 pm
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Default Re: Urgent advice needed for son to stay in US!!!

Originally Posted by BritishGuy36 View Post
What you must do is make sure that he leaves the US before his VWP is up so that he doesn't overstay, while the visa is processed. If he does not do so he may end up with a lifetime of having difficulties entering the country.
Not the best of moves. You must make sure you know where you are and what you are doing before the VWP is up. Maybe it will be a good plan to leave before, maybe not.
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