US Citizen mother. Illegal son. Big drama

[newyorker1966]

Mother is US citizen for over 7 years. Son is over 21, single and illegal alien in US for more than 15 years. No immigration related background. He applied for GC on 2005. Immigration answered back 2009. The application states that the son lives in Peru. The letter was sent to a peruvian address.
Question:
Does the son has to go back to Peru to start the process? Can he let immigration know that he is living already in US?

[TheRealCanadian]

Originally Posted by newyorker1966

Does the son has to go back to Peru to start the process? Can he let immigration know that he is living already in US?

The son has a huge problem. He cannot adjust status in the US based on his mother's petition, and the minute he leaves the US the 10-year re-entry bar kicks in.

His only hope is marriage to a US citizen.

[myredskins]

I think the son should leave the US to start the process based on the following: If you leaving the US, you dont get inspected right. So how will they know you left? Or that you were here after all, if there is no trace of you being here in the first place?

[TheRealCanadian]

Originally Posted by myredskins

I think the son should leave the US to start the process based on the following: If you leaving the US, you dont get inspected right. So how will they know you left? Or that you were here after all, if there is no trace of you being here in the first place?

Are you suggesting he lie on the DS-230?

[Triple Citizen]

That makes no difference. When the son initially entered the US he probably got an I-94. The moment that expired, he started accumulating illegal presence.

Originally Posted by myredskins

If you leaving the US, you dont get inspected right. So how will they know you left?

[trialanderror83]

Originally Posted by TheRealCanadian

Are you suggesting he lie on the DS-230?

Well either yes and take a shot, or no and have no shot anyway....

[PraetorianXI]

Originally Posted by trialanderror83

Well either yes and take a shot, or no and have no shot anyway....

and live with the doubt hanging over his head that one day, he may be deported and his immigrations benefits revoked?

[TheRealCanadian]

Originally Posted by trialanderror83

Well either yes and take a shot, or no and have no shot anyway....

He's been living in the US for the last 15 years, rather than Peru. I figure a consul should be able to determine that if he digs through his whereabouts for that time.

[trialanderror83]

Originally Posted by PraetorianXI

and live with the doubt hanging over his head that one day, he may be deported and his immigrations benefits revoked?

Doubtful

[myredskins]

I am not going to dwell on moral issues. So hmmm if he stays here.. he'll probably marry a USC anyways. Here is what is weird about the law..

if this person tries to adjust through their mother.. as they are currently doing they risk not getting approved and banned for a long while.

but if they ignore all that and marry a USC someday they have nothing to worry about, pretty much.

no wonder i say i cant deal with moral issues.

Originally Posted by TheRealCanadian

Are you suggesting he lie on the DS-230?

[TheRealCanadian]

Originally Posted by myredskins

if this person tries to adjust through their mother.. as they are currently doing they risk not getting approved and banned for a long while. but if they ignore all that and marry a USC someday they have nothing to worry about, pretty much.

no wonder i say i cant deal with moral issues.

I didn't address anything from a moral standpoint, just a legal one.

The law says he cannot adjust based on a US citizen parent, but he can based on a US citizen spouse. The law also says he cannot re-enter the US for 10 years after overstaying for so long. I didn't write the law, that's just what it says.

The law also says that if he makes a material misstatement on his DS-230 to get an immigration benefit, he is permanently barred from entry into the United States. That's FOR LIFE, FOR ANY REASON, and there is NO WAIVER. That's also what the law says.

If you believe that a young adult who has spent the majority of his life can successfully impersonate a native Peruvian in front of a consul who sees them every day, be my guest. He might. I don't know. I do know that consuls aren't idiots, their job is to detect fraud or inconsistencies, and my bet is that he is likely to be discovered, especially since they deal with native Peruvians every day and can notice differences in dress or accent.

If the consul detects the fraud, then junior is spending the rest of his life in Peru, or at least outside the US. If the consul discovers that Mom lied on the I-130 and reports it to ICE, she can be prosecuted for immigration fraud. She won't be deported, but she will be a convicted felon with significant negative consequences going forward, even if she never serves a day in jail.

So my concerns are not moral. Whatever happens to you in the next lifetime, the consequences in this one are bad enough.

[jbounar81]

Originally Posted by newyorker1966

Mother is US citizen for over 7 years. Son is over 21, single and illegal alien in US for more than 15 years. No immigration related background. He applied for GC on 2005. Immigration answered back 2009. The application states that the son lives in Peru. The letter was sent to a peruvian address.
Question:
Does the son has to go back to Peru to start the process? Can he let immigration know that he is living already in US?

if your son came on a visa and expires you can adjust his status in the us ,but if your son came from the border he has to go back to peru get a good lawyer ,apply for waiver and he shoold be back sooner.

[TheRealCanadian]

Originally Posted by jbounar81

if your son came on a visa and expires you can adjust his status in the us

No, he doesn't qualify under 245i, and he's not applying as an Immediate Relative.

[trialanderror83]

Originally Posted by TheRealCanadian

I didn't address anything from a moral standpoint, just a legal one.

The law says he cannot adjust based on a US citizen parent, but he can based on a US citizen spouse. The law also says he cannot re-enter the US for 10 years after overstaying for so long. I didn't write the law, that's just what it says.

The law also says that if he makes a material misstatement on his DS-230 to get an immigration benefit, he is permanently barred from entry into the United States. That's FOR LIFE, FOR ANY REASON, and there is NO WAIVER. That's also what the law says.

If you believe that a young adult who has spent the majority of his life can successfully impersonate a native Peruvian in front of a consul who sees them every day, be my guest. He might. I don't know. I do know that consuls aren't idiots, their job is to detect fraud or inconsistencies, and my bet is that he is likely to be discovered, especially since they deal with native Peruvians every day and can notice differences in dress or accent.

If the consul detects the fraud, then junior is spending the rest of his life in Peru, or at least outside the US. If the consul discovers that Mom lied on the I-130 and reports it to ICE, she can be prosecuted for immigration fraud. She won't be deported, but she will be a convicted felon with significant negative consequences going forward, even if she never serves a day in jail.

So my concerns are not moral. Whatever happens to you in the next lifetime, the consequences in this one are bad enough.

Well thats where you are wrong RC, most those ins officers are idiots. One at the US/Can border though my father(who is canadian) needed a visa to enter as a tourist. The supervisor had to come out and tell the IO he didn't after a verbal argument with my 64yo father. He drove across, that doesn't say much....

[TheRealCanadian]

Originally Posted by trialanderror83

Well thats where you are wrong RC, most those ins officers are idiots. One at the US/Can border though my father(who is canadian) needed a visa to enter as a tourist. The supervisor had to come out and tell the IO he didn't after a verbal argument with my 64yo father. He drove across, that doesn't say much....

He's not going to be dealing with CBP, he's going to be dealing with a consul in the US Embassy in Lima.

[trialanderror83]

Originally Posted by TheRealCanadian

He's not going to be dealing with CBP, he's going to be dealing with a consul in the US Embassy in Lima.

Yeah there requirements are probably the same, high school diploma or GED!

[Triple Citizen]

Actually the State Department has a much tougher applicant criteria and a tougher entrance exam. In addition to that, they undergo strict training to catch liars, con artists and frauds before being posted abroad. I am a diplmatic brat, so I know a thing or two about diplomatic life/embassies and consulates.

Originally Posted by trialanderror83

Yeah there requirements are probably the same, high school diploma or GED!

[trialanderror83]

Originally Posted by Triple Citizen

Actually the State Depaertment has a much tougher applicant criteria and a tougher entrance exam. In addition to that, they undergo strict training to catch liars, con artists and frauds before being posted abroad. I am a diplmatic brat, so I know a thing or two about diplomatic life/embassies and consulates.

TC of topic. When you visit Canada do you bring both your U.S./Canadian passports? And if you do, do you tell the IO you have dual and show both?

[Triple Citizen]

I carry both passports. Upon entering Canada I present myself as a Canadian citizen. Twice I have been asked by CIC what my status is in the US and told them that I also hold US citizenship.
Upon returning to the US, I present myself as a US citizen. Only once I was asked what I was doing in Canada and I told them I was there to complete my wife's landing formalities. That led to the officer asking me my status in Canada and I told him that I hold Canadian citizenship.

Originally Posted by trialanderror83

When you visit Canada do you bring both your U.S./Canadian passports? And if you do, do you tell the IO you have dual and show both?

[trialanderror83]

Originally Posted by Triple Citizen

I carry both passports. Upon entering Canada I present myself as a Canadian citizen. Twice I have been asked by CIC what my status is in the US and told them that I also hold US citizenship.
Upon returning to the US, I present myself as a US citizen. Only once I was asked what I was doing in Canada and I told them I was there to complete my wife's landing formalities. That led to the officer asking me my status in Canada and I told him that I hold Canadian citizenship.

Both countries recgonize dual citizenship correct?

[TheRealCanadian]

Originally Posted by trialanderror83

Both countries recgonize dual citizenship correct?

I don't believe that either country recognizes dual citizenship.

[Triple Citizen]

Actually it is closer to, both countries do not care if I hold other citizenships, in their opinion, I am just their citizen.

Originally Posted by trialanderror83

Both countries recgonize dual citizenship correct?

[trialanderror83]

Originally Posted by TheRealCanadian

I don't believe that either country recognizes dual citizenship.

RC, why havn't you updated your timeline? showing CR-04....

[TheRealCanadian]

Originally Posted by trialanderror83

RC, why havn't you updated your timeline? showing CR-04....

What should I update?

[Triple Citizen]

So you did you drop anything in the mailbox on the 17th of April?

Originally Posted by TheRealCanadian

What should I update?

[TheRealCanadian]

Originally Posted by Triple Citizen

So you did you drop anything in the mailbox on the 17th of April?

Nope.

[Triple Citizen]

Ok

Originally Posted by TheRealCanadian

Nope.

[trialanderror83]

Originally Posted by TheRealCanadian

Nope.

Last showing is your, i am assuming, conditional residence?? nothing after that. Are you a U.S. citizen yet?

[TheRealCanadian]

Originally Posted by trialanderror83

Last showing is your, i am assuming, conditional residence?? nothing after that. Are you a U.S. citizen yet?

Card received. There is no conditional residence in EB cases.

[BornintheRSA]

You've gone WAY off topic guys... but very interesting to read

Originally Posted by newyorker1966

Question:
Does the son has to go back to Peru to start the process? Can he let immigration know that he is living already in US?

So RC's first post above was right:

The son has a huge problem. He cannot adjust status in the US based on his mother's petition, and the minute he leaves the US the 10-year re-entry bar kicks in.

His only hope is marriage to a US citizen.

He's right.
So either the son goes back to Peru and stays there or gets married here and applies for a Green Card through his wife.