PR based on USC child?

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Old Sep 27th 2005, 4:56 pm
  #1  
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Default 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?
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Old Sep 27th 2005, 5:11 pm
  #2  
crg
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Default 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?
He can't apply for residency based on the relationship to a minor child. The child would need to be an adult.
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