Green Card Father petition for under 21 years old son

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tianh2002

Registered Users (C)
I am 10-year US green card holder. I would like to petition for my son who is in the US illegal. He came in the US when he was 13 with tourist visa. Now he is 16. I would like to know can I still file the petition I-130 for my son? I still have 4 more years to become US citizen. Do you know how long it will take to petition for my son.

I have look into the Visa Bulletin and my case should be in F2A category. So the cut-off date is Jan 2010. I don't know what that's mean.

Please help me. I am in dire situation.

Thanks
 
You should know that he is not eligible for an I-485, and must get his visa via consular processing. If he is still illegal after 18 he starts accumulating time towards the 3/10-year re-entry bars.

Check the visa bulletin for a rough idea of how long it will take. Why did you wait 3 years?
 
Thank you for replying to me. I just got my green card 1 year ago. Both my son and I came to the US under tourist visa. However, I got green card because my older son who is US Citizen petition for me. And I think because my older son is US Citizen, so my illegal status is forgiven when we applying for the Green Card.

Back to the question, what if my younger son who is 16 right now leave the US before he turns 18. Can I still apply for I-130 and get his visa via consular processing? I check the visa bulletin and the wait times for his category (F2A) is 8 months. I believe that if he leaves the country before 18, his illegal status will be forgiven as well.
 
tianh2002 said:
Thank you for replying to me. I just got my green card 1 year ago. Both my son and I came to the US under tourist visa. However, I got green card because my older son who is US Citizen petition for me. And I think because my older son is US Citizen, so my illegal status is forgiven when we applying for the Green Card.

Back to the question, what if my younger son who is 16 right now leave the US before he turns 18. Can I still apply for I-130 and get his visa via consular processing? I check the visa bulletin and the wait times for his category (F2A) is 8 months. I believe that if he leaves the country before 18, his illegal status will be forgiven as well.
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This is what you should do, your younger son can leave the US before he turns 18 yrs, his illegal status won't affect his green card application in the future. You can file for his I-130 now, and indicate consular processing. You should actually have filed for him the moment you got your green card, so that his priority date could be cooking in the USCIS pot while he's still here. However, all is not lost and just make sure he leaves before turning 18 years of age, I hope you clearly understand this issue. This is very important or it will affect his chances a great deal. Also, HE CAN'T GET HIS GREEN CARD IN THE US NOW, because he violated HIS initial tourist visa, consular processing is the only hope.
 
The only reason I didn't file I-130 is because I am afraid his I-130 will be denied due to his illegal status. The Cutoff date for my son category is only 9 months. So it is not so bad. So on the I-130 form, should I stated that my son is already in the US illegally? I'm just afraid that my son will get deported after I file I-130 for him

Thanks
 
They don't deny I-130's because of illegal status. For the I-130 it doesn't matter whether the beneficiary inside or outside the US, legally or illegally. Their status or lack thereof is what will control their ability to proceed to the next stage after the I-130.

Hurry up and file the I-130 now while he is under 18 and the F2A category is still moving fast.
 
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On the I-130 form, when they ask "is your relative currently in the US?". Should I mark yes or no. How do I indicate on the I-130 form that I want to petition for my son visa via Consular Processing?

Thank you so much
 
You have to answer Yes about him being in the US.

Question 22 of the I-130 allows you to indicate the desired consulate.
 
tianh2002 said:
On the I-130 form, when they ask "is your relative currently in the US?". Should I mark yes or no. How do I indicate on the I-130 form that I want to petition for my son visa via Consular Processing?

Thank you so much
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You should definitely indicate he is currently here in the US. Don't even think about misleading USCIS on this issue, it has no bearing on the process. Remember that when he eventually leaves, his I-94 (Arrival/Departure) form stapled to his passport, will be turned over to CBP, which will be entered into the database on his departure date, which means the US Consular will have access to this information when he goes to the Consulate to complete the paperwork for the green card, so if you lie to them now about him being abroad, while he is here with you, you practically torpedo his future green card chances. Full disclosure is the best policy on such simple cases, there millions of people who are in the US illegally, parents, wives and siblings file petition for them everyday, and ICE doesn't show up at their door the next morning to arrest them and deport them, (if this is your concern), because ICE doesn't have the resources to do such a huge operation.

Friend, check YES and sleep well knowing that his future might become brighter with fast processing of visa categories and he will come back to join you in a year or so.
 
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