PR based on USC child?
#1
Forum Regular
Thread Starter
Joined: Oct 2002
Posts: 101
PR based on USC child?
I have a friend whose boyfriend is in a very sticky immigration situation. The facts of his case are:
1. He entered on a student visa
2. He got married a couple of years later, and filed AOS
3. They moved, did not file for change of address, so missed the interview letter
4. They filed to have their case re-opened
5. They have a 3 year-old child
6. They are getting divorced (the wife is delaying), and have not been together for a while.
7. He is now being held by immigration, as the wife turned him in to USCIS, and they may allow him to voluntarily depart the US
So my question is, can he apply for residency based on his 3 year-old son, or is marriage to my friend his only option?
1. He entered on a student visa
2. He got married a couple of years later, and filed AOS
3. They moved, did not file for change of address, so missed the interview letter
4. They filed to have their case re-opened
5. They have a 3 year-old child
6. They are getting divorced (the wife is delaying), and have not been together for a while.
7. He is now being held by immigration, as the wife turned him in to USCIS, and they may allow him to voluntarily depart the US
So my question is, can he apply for residency based on his 3 year-old son, or is marriage to my friend his only option?
#2
American Expat
Joined: Jan 2004
Posts: 7,598
Re: PR based on USC child?
Originally Posted by Megan
I have a friend whose boyfriend is in a very sticky immigration situation. The facts of his case are:
1. He entered on a student visa
2. He got married a couple of years later, and filed AOS
3. They moved, did not file for change of address, so missed the interview letter
4. They filed to have their case re-opened
5. They have a 3 year-old child
6. They are getting divorced (the wife is delaying), and have not been together for a while.
7. He is now being held by immigration, as the wife turned him in to USCIS, and they may allow him to voluntarily depart the US
So my question is, can he apply for residency based on his 3 year-old son, or is marriage to my friend his only option?
1. He entered on a student visa
2. He got married a couple of years later, and filed AOS
3. They moved, did not file for change of address, so missed the interview letter
4. They filed to have their case re-opened
5. They have a 3 year-old child
6. They are getting divorced (the wife is delaying), and have not been together for a while.
7. He is now being held by immigration, as the wife turned him in to USCIS, and they may allow him to voluntarily depart the US
So my question is, can he apply for residency based on his 3 year-old son, or is marriage to my friend his only option?