Legal Parents, Illegal son under 21. HELP!

**coolcar65** · 28th July 2012, 07:52 PM

My wife, my son (at that time around 4) and I immigrated here legally and overstayed on our tourist visas. We've lived here for around 8 to 9 years if not longer. Before my current wife was my ex-wife which whom I did start the immagration process with, but never finished. I was able to get my ID, License, and my social security. We had two sons. This year in Febuary the eldest turned 21 and we applied for legal resident status. Both my wife and I were aproved, and we now hold Legal perminent residence. The problem is my son is here illegaly. We already filed a petition for “Unmarried Child of a Lawful Permanent Resident” with the help of a lawyer, form l-130 I believe, but aside from a statment that states they recieved the money we have not recieved any word of it. We know it may take up to two years. He's growing up to the age where he can drive and it would be very beneficial for the whole family as he is in a lot extra curricular activities.. He's going to turn 16 in January. I have several questions.
1. Can he apply for a texas ID and a permit to be able to take Driver's Ed, if so what forms are needed.
2. Is there an easier method for him to immigrate.
3. I heard Obama released an executive order, that my son could fall under. (It's for students who came here when they were children.) How do I file for it, what's it's name, and what are the requirments. Also can my son get his driver's licence with this visa.

Thank you for everything. Both my wife and I are very confused here.

**BigJoe5** · 28th July 2012, 08:07 PM

Originally Posted by coolcar65

My wife, my son (at that time around 4) and I immigrated here legally and overstayed on our tourist visas. We've lived here for around 8 to 9 years if not longer. Before my current wife was my ex-wife which whom I did start the immagration process with, but never finished. I was able to get my ID, License, and my social security. We had two sons. This year in Febuary the eldest turned 21 and we applied for legal resident status. Both my wife and I were aproved, and we now hold Legal perminent residence. The problem is my son is here illegaly. We already filed a petition for “Unmarried Child of a Lawful Permanent Resident” with the help of a lawyer, form l-130 I believe, but aside from a statment that states they recieved the money we have not recieved any word of it. We know it may take up to two years. He's growing up to the age where he can drive and it would be very beneficial for the whole family as he is in a lot extra curricular activities.. He's going to turn 16 in January. I have several questions.
1. Can he apply for a texas ID and a permit to be able to take Driver's Ed, if so what forms are needed.
2. Is there an easier method for him to immigrate.
3. I heard Obama released an executive order, that my son could fall under. (It's for students who came here when they were children.) How do I file for it, what's it's name, and what are the requirments. Also can my son get his driver's licence with this visa.

Thank you for everything. Both my wife and I are very confused here.

Yes, you do seem confused.

1.) How did you obtain greencards? Were they employment-based and if so, why was the son not included as a derivative?

2.) You need to provide a better chronology (timeline) of events along with pertinent details. For instance, did you change from B visas to another nonimmigrant visa such as H-1B and H-4s? It seems like something critical is missing.

3.) IF all else fails the son should qualify for the new "Deferred Action" and get an EAD. However, no applications can be filed YET. DHS/USCIS will have to publish instruction first. Filing is supposed to begin in mid-August.

**coolcar65** · 28th July 2012, 08:26 PM

Originally Posted by BigJoe5

Yes, you do seem confused.

1.) How did you obtain greencards? Were they employment-based and if so, why was the son not included as a derivative?

We obtained our greencards through the "Green Card for an Immediate Relative of a U.S. Citizen" form Form I-485, i belive. He wasn't added because our lawyer adviced us not to since he's just a step brother to the son with which I got my green card with. She said my son wouldn't have qualified and been able to get his green card. My son ( who petitioned for me), was from another marriage.Even though my wife is techincally his step-mo, she was able to apply.

2.) You need to provide a better chronology (timeline) of events along with pertinent details. For instance, did you change from B visas to another nonimmigrant visa such as H-1B and H-4s?

Sorry my wife is better at explaining this situation. We overstayed on our B visas, and didn't apply for any other visa.

3.) IF all else fails the son should qualify for the new "Deferred Action" and get an EAD. However, no applications can be filed YET. DHS/USCIS will have to publish instruction first. Filing is supposed to begin in mid-August.

And, can you please provide more details about the deffered action, what this is about, or somewhere where I can get more information?

**BigJoe5** · 28th July 2012, 08:32 PM

SEE: http://www.uscis.gov/portal/site/usc...00082ca60aRCRD for information and other links.

So, are you saying that you were adjusted as PARENTS of a USC?

IF yes, then the other son(s) did not get any derivative status and SIBLINGS of a USC have to wait a decade or more for a visa.

Is that about right?

IF yes, then you are part of the reason why everyone in the same demographic as you (parents of a USC, especially if accompanied by more kids) who is trying to get a U.S. tourist visa from your country just got more difficult.

You obviously lied about your intentions to merely "visit" in the first place.

**Jackolantern** · 29th July 2012, 10:14 AM

Originally Posted by coolcar65

We already filed a petition for “Unmarried Child of a Lawful Permanent Resident” with the help of a lawyer, form l-130 I believe, but aside from a statment that states they recieved the money we have not recieved any word of it.

Get the I-130 receipt notice from the lawyer. Otherwise you don't know if they even filed it. There lawyers who sit on cases for months or even years without filing anything. With the I-130 receipt you can track your case online (although USCIS is often slow to update the online status), and you will need that receipt for later processing.

We know it may take up to two years.

The wait is close to 3 years for under-21 unmarried children of permanent residents.

He's growing up to the age where he can drive and it would be very beneficial for the whole family as he is in a lot extra curricular activities.. He's going to turn 16 in January.

Because he doesn't have legal status, he won't be able to complete the green card process in the US unless the sponsoring parent becomes a US citizen before he is 21. But neither of you is going to be a citizen before mid-2017, by which time he would be at least 20 and a half, and there is no guarantee either of you completing the citizenship process before he is 21.

However, he can complete the process outside the US at a US consulate if he leaves the US before he is 18 years and 180 days old (the 3-year ban is not triggered if there are less than 180 days of unlawful presence after the 18th birthday). That would be mid-2015, which is about the same time the petition for him is likely to become ripe for a consular interview. So start making plans from now to have him spend a few weeks or months in his original country in the summer of 2015 to wait for completion of the green card process, and don't cut it too close like 179 days (after his 18th birthday).

Note that after the I-130 is approved, you will have to file I-824 to transfer the case to a consulate.

**Jackolantern** · 29th July 2012, 10:16 AM

How did your 21-year-old get citizenship? Through your ex-wife who is a US citizen and the mother of your 21-year-old? Is that ex-wife also the mother of your 16-year-old?

**ananga73** · 29th July 2012, 01:36 PM

Your posting does not make much sense and truly you are confused. I mean you don't even know how long you have been here?

Originally Posted by coolcar65

My wife, my son (at that time around 4) and I immigrated here legally and overstayed on our tourist visas. We've lived here for around 8 to 9 years if not longer. ........